A person accused of an offence punishable under Section 30(a) of the Excise Act is entitled to regular bail if he has been in custody for more than nine months and the trial is not likely to be concluded within a reasonable time.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33220 of 2022

Arising Out of PS. Case No.-107 Year-2019 Thana- BARURAJ District- Muzaffarpur

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Mintu Singh @ Mintu Kumar Singh Son of Lalan Singh R/O Village-

Lakshminiya, P.S.- Baruraj, District- Muzaffarpur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Sheo Kumar Prasad, Advocate

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP

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

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

3

11-01-2023

Heard learned counsel for the petitioner and Ms. Pushpa

Sinha 1, learned A.P.P. for the State.

This is the second attempt of the petitioner to obtain

regular bail in connection with Baruraj P.S. Case No. 107/2019

registered for the offences punishable under Sections 272, 273 of the

I.P.C. and 30(a) of the Excise Act. He is in custody since 01.12.2020.

He has got six criminal antecedents as stated in the application.

Earlier the prayer for bail of the petitioner was rejected

vide order dated 17.08.2021 in Cr. Misc. No. 22597/2021 observing

that if the trial is not concluded within a period of nine months from

the date of start of physical functioning of the court for no reason

attributable to the petitioner, he may renew his prayer for bail.

Learned A.P.P. for the State has opposed the prayer for

bail of the petitioner.

Having regard to the facts and circumstances of the case

particularly that the petitioner is in custody in connection with this

Patna High Court CR. MISC. No.33220 of 2022(3) dt.11-01-2023

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case since 01.12.2020 and on earlier occasion, this Court has granted

liberty to the petitioner to renew his prayer for bail if the trial is not

concluded within a period of nine months, this Court directs release

of the petitioner above named on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of

the like amount each to the satisfaction of learned Special Judge,

Excise Act, Muzaffarpur in connection with Baruraj P.S. Case No.

107/2019, subject to the condition as laid down under Section 437 (3)

Cr.P.C.

And further condition that the court below shall verify the

criminal antecedent of the petitioner and in case at any stage it is

found that the petitioner has concealed his criminal antecedent, the

court below shall take step for cancellation of bail bond of the

petitioner. However, the acceptance of bail bonds in terms of the

above-mentioned order shall not be delayed for purpose of or in the

name of verification.

The application stands allowed.

tusharika/-

(Rajeev Ranjan Prasad, J)

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