Dilip Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22189 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== DILIP DAS Son of Saryu Das Resident of Village - Barkagao, P.S.- Karja, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Ms. Indu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-08-2020 Learned counsel for the petitioner undertakes to remove the defects, as pointed out by office, within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Indu Kumari, learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Karja P.S. Case No. 50 of 2020 registered for the offence under Section 30 of Bihar Prohibition of Excise Amendment Act, 2018.

It appears from the statements made in paragraph '3' of the application that the petitioner has no criminal antecedent and he is in custody since 23.02.2020.

Ms. Indu Kumari, learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner, but

Patna High Court CR. MISC. No.22189 of 2020(2) dt.21-08-2020 2/3 considering that the petitioner has no criminal antecedent and he is in custody since 23.02.2020 and further incarceration of the petitioner is not likely to come in aid of investigation or to help the prosecution, let the petitioner above-named be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction learned Special Judge, Excise, Muzaffarpur, in connection with Karja P.S. Case No. 50 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of

Patna High Court CR. MISC. No.22189 of 2020(2) dt.21-08-2020 3/3 India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.