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Patna High CourtCR. MISC./20592/2020bail granted

Vikash @ Vikki v. The State Of Bihar

2020-06-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20592 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

VIKASH @ VIKKI, (Male-25 years), S/o Ajit Singh, Resident of Village and P.S.-Kharabar, Sub Division-Sampala, District-Rohtak (Haryana). 2.

Sunny, (Male-25 years), S/o Paramjeet, Resident of Village and P.S.- Kharabar, Sub Division-Sampala, District-Rohtak (Haryana). 3.

Sahil Verma, (Male-26 years), S/o Pawan Kumar Resident of Village-H.N.- 100, Ram Nagar Bhiwani, P.S.-T.I.T. Chauki, District-Bhiwani (Haryana). ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Shubhesh Pandey, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 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. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence

Patna High Court CR. MISC. No.20592 of 2020(2) dt.23-06-2020 2/3 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 520.500 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 18.02.2020. The petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 520.500 liters wine is said to have been recovered from the car in question. The car in question does not belong to the petitioners. There is no compliance of Section 100 of 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 learned Additional Sessions Judge-II-cumSpecial Judge, Gopalganj, in connection with Mohammadpur P.S. Case No. 30/2020.

Patna High Court CR. MISC. No.20592 of 2020(2) dt.23-06-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees Ten Thousand) each 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) U.K./- U T