Nagendra Ram @ Nagendra Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11942 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== NAGENDRA RAM @ NAGENDRA BHAGAT S/o Rasiya Bhagat R/o Murtiya Tola, P.S.- Adapur, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Advocate For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-05-2020 The matter has been listed today for consideration through Video Conferencing in view of the Nationwide Lockdown on account of the Covid 19 pandemic. The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Chhauradano (Mahuawa) P. S. Case No. 02 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Four persons are said to have been seen coming from Nepal side at the Indo - Nepal border by the S.S.B. Patrolling party. Abandoning what they were carrying, it is alleged that they fled away. The said four persons including the petitioner were apprehended which led to alleged recovery of 48 liters of Nepali Kasturi liquor. The petitioner is in custody on the basis
Patna High Court CR. MISC. No.11942 of 2020(3) dt.14-05-2020 2/3 of such allegation since 2.1.2020.
It is submitted by learned Counsel for the petitioner that the petitioner has no criminal antecedent and the prosecution case is that the liquor was abandoned in a bag. Recovery was not from the possession of the petitioners, and cannot be attributed to the petitioner. There is no compliance of the procedure under Section 100 Cr.P.C. There is no forensic opinion to support the prosecution case that the substance seized was actually banned alcoholic substance. The learned APP for the State opposed the prayer for bail.
Considering the rival submissions this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, East Champaran, in connection with Chhauradano (Mahuawa) P. S. Case No. 02 of 2020, subject to the following conditions:- i. That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
ii. That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. It is further made clear that during currency of the nationwide lockdown due to COVID 19 pandemic, requirement of furnishing bail bonds and conditions shall remain suspended and the petitioner be released on executing and furnishing his personal bond to the satisfaction of the
Patna High Court CR. MISC. No.11942 of 2020(3) dt.14-05-2020 3/3 court concerned.
The petitioner must comply with the requirements of furnishing bail bonds, and conditions in terms of this order within 4 weeks after normal working resumes, failing which bail granted under this order shall stand cancelled and petitioner liable for the consequences thereof in accordance with law.
Let this order be communicated, without any delay, to the court of learned Special Judge, Excise Act, East Champaran and the competent authority of the State in terms of clause 13 of Notice II published in the Cause list uploaded on the website of the Patna High Court.
(Madhuresh Prasad, J) SNkumar/- U T