Suman Kumar @ Gola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17039 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Suman Kumar @ Gola Son of Lal Babu Sahni Resident of Village - Manjhariya, P.S.- Turkaulia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== 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 APP for the State.

The petitioner seeks bail in a case registered under Section 414 of I.P.C. and Sections 30(a)/32(2)/41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 344.100 liters wine is recovered.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.17039 of 2020(2) dt.13-05-2020 2/2 that the petitioner is in custody since 28.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 344.100 liters wine is recovered. There is no chance of the trial being concluded in near future. There is no compliance of Section 100 Cr.P.C.

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 A.D.J. II-cum-Special Judge, Excise, Gopalganj in connection with Vishambharpur P.S. case No.11 of 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) Narendra/- U T