Nageshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16943 of 2020 Arising Out of PS. Case No.-245 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== NAGESHWAR SINGH Son of Late Gogendra Singh @ Yogendra Singh @ Late Lalu Singh Resident of Village - Anjanpir Chowk, Bagmali, P.S.- Hajipur Town, Distt - Vaishali, Bihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara,APP ====================================================== 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 petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 122.730 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.01.2020 and has got no

Patna High Court CR. MISC. No.16943 of 2020(2) dt.13-05-2020 2/2 criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 122.730 liters wine is recovered. There is no compliance of Section 100 Cr.P.C. There is no chance of trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 245/2019.

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

(Sudhir Singh, J) Pankaj/- U T