Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17033 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- BARSOI District- Katihar ====================================================== 1.

Sonu Kumar Son of Munilal Biswas @ Munna Singh Resident of Village - Durgapur, P.S.- Kasba, Distt.- Purnea.

2.

Amit Kumar Son of Birendra Prasad Mandal Resident of Village - Bhateli, P.S.- Jalalgadh, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 274.180 liters wine is recovered.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.17033 of 2020(2) dt.13-05-2020 2/2 that the petitioners are in custody since 15.02.2020 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioners. It is alleged that 274.180 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. 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, Katihar in connection with Barsoi P.S. case No.24 of 2020.

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.

Narendra/- (Sudhir Singh, J) U T