Yamuna Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17004 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Yamuna Chaudhari Son of Late Babuchand Chaudhari Resident of Village - Pipra, P.S. - Paraiya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushant Praveer For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== 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 APP for the State.

The petitioner seeks bail in a case registered under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 12 liters wine and 120 kgs java mahua are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.02.2020 and has got no

Patna High Court CR. MISC. No.17004 of 2020(2) dt.13-05-2020 2/2 criminal antecedent. Prosecution report has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 12 liters wine and 120 kgs java mahua are 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 petitioner is named in the complaint case/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 Special Judge, Excise, Gaya in connection with Excise case No.67 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