Birendar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16874 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- BYPASS District- Patna ====================================================== BIRENDAR DAS, aged about 30 years, Male, S/o- Late Vimal Das, Resident of Village - Jafrabad, P.S. Raghopur, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate.

For the Opposite Party :

Mr.Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, in short, is that total 50 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is languishing in custody since 05.01.2020. The

Patna High Court CR. MISC. No.16874 of 2020(2) dt.13-05-2020 2/2 petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 50 liters wine is recovered. There is no compliance of Section 100 Cr.P.C. There is no chance of the trial being concluded in near future. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Special Judge (Excise), Patna in connection with By Pass P.S. Case No. 04/2020 (Spl. Case No. 173/2020). Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T