Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19104 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

SUNIL PRASAD Son of Late Budhan Prasad Resident of Mohalla-Gola Bandh Road, near Tara Public School, Police Station-Town, DistrictMuzaffarpur. 2.

KUNDAN SAHNI Son of Badal Sahni Resident of Mohalla-Balughat, near Raj Narayan Singh College, Police Station-Town, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kr. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Excise Case No. 33/2020(arising out of PR No. 35/2020), disclosing offence punishable under Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act, 2016.

From a pick-up van having Registration No. BR06A6668, the excise officials are said to have recovered 804 litres of foreign liquor. The petitioner is, admittedly, the registered owner of the vehicle in question. It is the specific case of the prosecution that the recovery was made in the presence of the petitioner at the place of occurrence.

Patna High Court CR. MISC. No.19104 of 2020(2) dt.18-05-2020 2/3 Considering the huge quantity of foreign liquor said to have been recovered in violation of law, without any valid authority, I am not inclined to grant the petitioners privilege of regular bail, for the present. The petitioners shall, however, be at liberty to renew their prayer for bail after six months. This application is dismissed accordingly.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to learned counsel for the parties on their respective e-mail address. (v) Let steps be taken by the Registry for uploading of

Patna High Court CR. MISC. No.19104 of 2020(2) dt.18-05-2020 3/3 the present order without compromising with the norms of social-distancing.

(Chakradhari Sharan Singh, J) Rajesh/- U T