Allowed

Bittu Kumar @ Bitu Kumar v. the State of Bihar

Patna HC29 Jan 2022CR. MISC./41159/2021

Case brief

AI extract

What is this about?

In criminal miscellaneous petition, the Patna High Court released the petitioner on regular bail. He was accused of driving a car containing illicit liquor under Section 34 IPC for abetment and Section 414 IPC for affray. The court noted lack of antecedents, pending chargesheet, and prolonged trial due to the pandemic.

What did the court decide?

Petitioner released on regular bail on furnishing bonds of Rs. 20,000 with two sureties of equal amount.

Bittu Kumar @ Bitu Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41159 of 2021

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Arising Out of PS. Case No.-291 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi

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======================================================

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BITTU KUMAR @ BITU KUMAR S/O LATE RAM BACHAN RAI R/O VILLAGE-KHARKA, P.S-RUNNISAIDPUR, DISTRICT-SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 29-01-2022 Heard Mr. Alok Kumar Alok, learned counsel for

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the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 291/2021 registered for the offence punishable under Sections 414/34 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The Police intercepted one Santro Car which was being driven by the petitioner and recovered a total quantity of 132.105 litres of illicit foreign liquor from the same.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.41159 of 2021(2) dt.29-01-2022 2/3

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petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. Learned counsel further submits that the petitioner is not the owner of the Santro Car in question and he was hired as a driver by its owner, he was not aware about the illicit liquor being kept therein. The petitioner has got no criminal antecedent of similar nature of offence and he is in custody since 16.5.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic.

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent of similar nature of offence, charge sheet has already been submitted, the petitioner is in custody since 16.5.2021 and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like

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Patna High Court CR. MISC. No.41159 of 2021(2) dt.29-01-2022 3/3

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amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 291/2021.

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It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Bittu Kumar @ Bitu Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bittu Kumar @ Bitu Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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