Saurabh Kumar @ Bhopali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17776 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SAURABH KUMAR @ BHOPALI Son of Sanjay Pd. Singh Resident of Village - Shivnagar, P.S.- Mokaka, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, Adv.

====================================================== 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 Begusarai Town P.S. Case No. 47 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. It is the case of the petitioner that he has been falsely implicated in this case due to local politics, nothing incriminating article has been recovered from his possession rather it has been recovered from the house of the co-accused Amit Kumar. The petitioner is in custody since 22.01.2020 having no criminal antecedent.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.17776 of 2020(2) dt.13-05-2020 2/3 regular bail of the petitioner. It is, however, not the case of the 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.

In the given facts and circumstances of the case wherein it is the case of the petitioner that nothing incriminating has been recovered from his possession rather it has been recovered from co-accused Amit Kumar and petitioner is in custody since 22.01.2020, 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 argument on behalf of the State, this Court directs release of the petitioner above named on bail in connection with Begusarai Town P.S. Case No. 47 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 Additional Sessions Judge - II cum - Special Judge, Excise Act, Begusarai, 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

Patna High Court CR. MISC. No.17776 of 2020(2) dt.13-05-2020 3/3 he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, 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) Rajeev/Avin.

U 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'.