Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.2588 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Dinesh Kumar, S/o Late Hiya Lal Yadav, Resident of Village- Laxmipur, P.S.- Sadar, Distt- Darbhanga.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner in the present case is seeking regular bail in connection with Sadar P.S. Case No. 433 of 2019 (G.O. Case No. 1027/2019) registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected and now the petitioner has remained in custody for eight months. Learned counsel submits that investigation against him is complete and the co-accused have already been granted regular bail by learned co-ordinate Bench of this Court vide Annexure '4'.

Patna High Court CR. MISC. No.2588 of 2020(2) dt.15-06-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case Wherein it appears that earlier the prayer for bail of the petitioner was rejected considering that at the said time the investigation was still pending, now the petitioner has remained in custody for eight months, investigation against him is complete and there is no submission on behalf of the State that his release at this stage is likely to interfere with the course of trial as also the co-accused have already been granted regular bail by learned co-ordinate Bench of this Court vide Annexure '4', let the petitioner above-named be released on bail in connection with Sadar P.S. Case No. 433 of 2019 (G.O. Case No. 1027/2019) on furnishing of bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned 2nd Additional Sessions Judge-cumSpecial Judge (Excise), Darbhanga, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

Patna High Court CR. MISC. No.2588 of 2020(2) dt.15-06-2020 3/3 he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application stands allowed.

(Rajeev Ranjan Prasad, J) vats/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.