Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16930 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BAUNSI District- Banka ====================================================== 1.

RABINDRA YADAV Son of Laxmi Yadav @ Laxman Yadav Resident of Village- Dariyapur, P.S.- Sajour, District- Bhagalpur. 2.

Chandra Shekhar Pandit Son of Late Mannu Pandit Resident of VillageDaspur, P.S.- Sajour, District- Bhagalpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== 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 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and section 414 of the Indian Penal Code. Prosecution case, in short, is that 232.35 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 10.02.2020 and have got no

Patna High Court CR. MISC. No.16930 of 2020(2) dt.13-05-2020 2/2 criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 232.35 liters wine is recovered. There is no compliance of Section 100 Cr.P.C. There is no chance of trial being concluded in near future.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, and also the lockdown, the petitioners, above named, are directed to be released on bail on their personal bonds to the satisfaction of learned Additional Sessions Judge -II, Banka in connection with Bounsi P.S. Case No. 42/2020 corresponding to Special Excise Case No. 68/2020.

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