Govind Kumar @ Gobind Das @ Govind Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15103 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- DANDARI District- Begusarai ====================================================== GOVIND KUMAR @ GOBIND DAS @ GOVIND KUMAR DAS Son of Lakshman Das R/o Village-Dandari, P.S.-Dandari, District-Begusarai . ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2020 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. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 332, 333, 353, 188, 224, 225 of the Indian Penal Code and 30(A) and 45 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 375 ml. wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of

Patna High Court CR. MISC. No.15103 of 2020(2) dt.11-06-2020 2/2 the petitioner has transpired as he is alleged to have caused obstruction against the search party who had gone to arrest the coaccused. No specific overt act is alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No recovery of wine is made from the conscious possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Dandari P.S. Case No. 115 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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 seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Pankaj/- (Sudhir Singh, J) U T