Mohan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16783 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Mohan Roy, aged about 28 years, Male, Son of Late Ganesh Roy, Resident of Village - Basudeopur, P.S.- Mufassil, District - Begusarai. 2.

Mannu Roy, aged about 32 years, Male, Son of Late Ganesh Roy, Resident of Village - Basudeopur, P.S.- Mufassil, District - Begusarai. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shree Niwas Singh, Advocate.

For the Opposite Party :

Mrs. Rita Verma ====================================================== 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 petitioners and learned A.P.P. for the State.

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

Patna High Court CR. MISC. No.16783 of 2020(2) dt.13-05-2020 2/3 The prosecution case, in short, is that total 13 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 23.01.2020. The petitioners have 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 petitioners. It is alleged that total 13 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 petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, are directed to be released on bail on their personal bond to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Begusarai in connection with Mufassil P.S. Case No. 08 of 2020.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection

Patna High Court CR. MISC. No.16783 of 2020(2) dt.13-05-2020 3/3 with the aforesaid case.

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