Lakshman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16843 of 2020 Arising Out of PS. Case No.-122 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== LAKSHMAN SINGH, aged about 34 years (Male), S/o Kishundeo Singh, R/o village- Akbarpur, P.S.- Adhiyapur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pawan Kumar Singh, Advocate.

For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== 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 A.P.P. for the State.

The petitioner seeks bail in a case registered under Sections 272, 273, 290/34 of the IPC and 30(a), 37(c) and 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that total 76.125 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is languishing in custody since 04.02.2020. The petitioner has got no criminal antecedent. Charge

Patna High Court CR. MISC. No.16843 of 2020(2) dt.13-05-2020 2/2 sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 76.125 liters wine is recovered from different seven persons. Out of which, 3 liters wine is said to have been recovered from possession of the petitioner. 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 petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 122 of 2020.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees 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) U.K./- U T