Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16281 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- MASAUDHI District- Patna ====================================================== SANJAY KUMAR S/o Late Indradeo Prasad Resident of VillageChulhayeechak, P.S.- Masaurhi, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 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. 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), 37(B) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 20 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 criminal antecedent. Charge sheet/prosecution report has been submitted

Patna High Court CR. MISC. No.16281 of 2020(2) dt.10-06-2020 2/2 in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 20 liters wine is recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

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 Special Judge, Excise, Patna in connection with Special case No.906 of 2020 arising out of Masaurhi P.S. case No.44 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) Narendra/- U T