Laddu Kumar @ Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20936 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Laddu Kumar @ Prince (Aged about 25 years, Gender - Male), Son of Manoj Rai, Resident of Village - Chakhaji, P.S. - Bochahan , District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2020 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned counsel appearing for the State through video conferencing. Learned counsel for the petitioner is directed to remove the defects within eight weeks.
Petitioner seeks regular bail in connection with Excise Case No. 201 of 2019 arising out of P.R. No. 06 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner as per the First Information Report is that the house of the petitioner was raided and a total quantity of 809.520 liters of illicit liquor has been recovered from the house of the petitioner.
Patna High Court CR. MISC. No.20936 of 2020(2) dt.24-06-2020 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the house from where the alleged illicit liquor has been recovered belongs to joint family. Learned counsel further submits that search and seizure was not conducted in accordance with the provisions of Section 100 of the Cr.P.C. and no signature of any family member of the petitioner is there as a witness on the seizure list. Learned counsel further submits that petitioner is in custody since 18.04.2020. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 18.04.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Excise Case No. 201 of 2019 arising out of P.R. No. 06 of 2019 on the following conditions:- (i) that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to be canceled.
(ii) that the petitioner shall not repeat the
Patna High Court CR. MISC. No.20936 of 2020(2) dt.24-06-2020 3/3 same offence in future.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U