Roshan Kumar Tiwary @ Roshan Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17855 of 2020 ====================================================== Roshan Kumar Tiwary @ Roshan Kumar Tiwari, aged about 38 years (M), son of Prabhat Tiwary, R/o village- Pakri, P.S.- Kursakanta, District- Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh kumar Singh, Advocate For the Opposite Party/s :
Md. Anil Prasad Singh, APP Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-05-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.
This is an application for grant of regular bail to the sole petitioner in connection with Jogbani P.S. Case No. 18 of 2020 registered for the offence punishable under Section 30(a), 38 (I) of Bihar Prohibition and Excise Act, 2016. It is the case of the petitioner that the alleged recovery or illicit liquor has not been made from his conscious possession rather he has been made victim of circumstances. It is his further case that he is in custody since 27.01.2020 having no criminal antecedent and investigation against him is complete. Learned APP for the State has opposed the prayer for regular bail of the petitioner. It is, however, not the case of the
Patna High Court CR. MISC. No.17855 of 2020(2) dt.13-05-2020 2/3 State that the investigation in the case is not complete and/or release of the petitioner is at this stage in any way going to affect the trial.
Considering the facts and circumstances of the case wherein it is the case of the petitioner that he is in custody since 27.01.2020 having no criminal antecedent, investigation against him is complete and there is no chance of tampering with the evidence if the petitioner is released on bail as there is no such submission on behalf of the State, this Court directs release of the petitioner above named on bail in connection with Jogbani P.S. Case No. 18 of 2020 corresponding to Special Case No. 114 of 2020 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned 2nd Additional Sessions Judge-cum-Special Judge, Araria, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly,
Patna High Court CR. MISC. No.17855 of 2020(2) dt.13-05-2020 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application stands disposed of.
(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.