Upendra Pashi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18284 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- GUTHANI District- Siwan ====================================================== UPENDRA PASHI S/o Late Rameshwar Pashi Resident of Village- Naini Jore, P.S.- Guthani, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Smt. Anita Kumari Singh, APP Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Andrajeet Bhushan, the learned counsel appearing for the petitioner and Smt. Anita Kumari Singh, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Guthani P.S. Case No. 20 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 137 liters of country made liquor from the house of the petitioner.

Patna High Court CR. MISC. No.18284 of 2020(2) dt.13-05-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that illicit liquor has not been recovered from the conscious possession of the petitioner. Lastly, it is submitted that the petitioner is languishing in custody since 24.01.2020. Per contra, the learned APP appearing for the State has submitted that the petitioner is named in the FIR and there is specific allegation against him.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 24.01.2020, I deem it fit and proper to direct for release of the petitioner on bail upon him furnishing personal bond to the satisfaction of learned A.D.J.-II cum Special Judge (Excise), Siwan in connection with Guthani P.S. Case No. 20 of 2020. It is further directed that once the lock-down is over and normal situation is restored, the petitioner, above named, shall furnish bail bonds of a sum of Rs. 10,000/- with two sureties of the like amount each, within a period of four weeks, to the satisfaction of learned A.D.J.-II cum Special Judge

Patna High Court CR. MISC. No.18284 of 2020(2) dt.13-05-2020 3/3 (Excise), Siwan in connection with Guthani P.S. Case No. 20 of 2020, failing which the present privilege of bail being extended to the petitioner shall stand revoked automatically. The present petition stands allowed.

(Mohit Kumar Shah, J) Tiwary/- U T