Kundan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18407 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- DIGHA District- Patna ====================================================== Kundan Rai Son of Ishwar Prasad Resident of Village/Mohalla - Baskoti Hostel, Gali, No. 93, P.S.- Digha, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-06-2020 The matter has been taken up through virtual court proceeding.

The petitioner, who is languishing in custody since 14.01.2020, has preferred the present application for grant of bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

The prosecution case, as per the written report of Srikant Singh, submitted to the S.H.O., Digha Police Station is to the effect that on 12.01.2020, during patrolling, a secret information was received that on an auto rickshaw, liquor is being transported, consequently, the auto rickshaw was intercepted and the driver, Rahul Kumar and the petitioner, who were sitting in the auto rickshaw, were apprehended. From the vehicle in question, 31.508 litres of Indian Made Foreign Liquor

Patna High Court CR. MISC. No.18407 of 2020(2) dt.03-06-2020 2/3 were recovered.

From perusal of the pleadings, it appears that the petitioner does not own the liquor or the vehicle in question. The petitioner was simply the passenger, hence, recovery cannot be treated from the conscious physical possession of the petitioner. It further appears that the investigation has already been concluded and the petitioner is languishing in custody since 14.01.2020. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner was transporting the liquor through an auto rickshaw. Considering the nature of recovery, investigation being already concluded and period under custody coupled with the fact that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 528 of 2020 arising out of Digha P.S. Case No. 27 of 2020.

However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail

Patna High Court CR. MISC. No.18407 of 2020(2) dt.03-06-2020 3/3 bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 528 of 2020 arising out of Digha P.S. Case No. 27 of 2020. The learned Court below will be at liberty to extend the further period of provisional bail if the lockdown is not over in next three months.

(Dinesh Kumar Singh, J) Amrendra/- U T