Rinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17031 of 2020 Arising Out of PS. Case No.-212 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Rinku Singh S/o Joginder Singh Resident of Village-Karu Ujar, P.SChoutham, District-Khagaria. 2.

Ram Bilash Singh S/o Joginder Singh Resident of Village-Karu Ujar, P.SChoutham, District-Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== 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 petitioners.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 638.150 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 22.01.2020 and have got no criminal antecedent. Charge sheet has been submitted in this case.

Patna High Court CR. MISC. No.17031 of 2020(2) dt.13-05-2020 2/2 There is no allegation of tampering of witnesses against the petitioners. It is alleged that 638.150 liters wine is recovered. There is no chance of the trial being concluded in near future. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail vide Cr.Misc.No.2274 of 2020.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, are directed to be released on bail on their personal bond to the satisfaction of Additional Sessions Judge II-cum-Special Judge (Excise), Khagaria in connection with Choutham P.S. case No.212 of 2019, G.R. No.2707 of 2019.

Once the normalcy is restored, the petitioners 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) Narendra/- U T