Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14034 of 2020 Arising Out of PS. Case No.-325 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Shankar Kumar Son of Sri Rabindra Sao Resident of Village and P.S. - Noor Sarai, District- Nalanda ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State through video conferencing.
Petitioner seeks bail in connection with Special Case No. 836 of 2020 arising out of P.R. Case No. 325 of 2020 registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Petitioner is in jail custody since 23.01.2020 on the allegation that near about 140 litre country made as well as foreign liquor were recovered from the house of the petitioner. Although, learned Additional Public Prosecutor opposed the prayer but considering the period of detention of
Patna High Court CR. MISC. No.14034 of 2020(2) dt.13-05-2020 2/2 the petitioner in jail custody as well as this aspect of the matter that petitioner does not have any criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 836 of 2020 arising out of P.R. Case No. 325 of 2020.
However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) shahzad/- U T