Arman Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20035 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- SIKTI District- Araria ====================================================== ARMAN ALI, Gender-Male, aged about 23 years, Son of Abdul Mannan, Resident of Village - Balua, Kaliyaganj, Ward No. 13, P.S.- Palasi, District - Araria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Sharma, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 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. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 90 liters is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.20035 of 2020(2) dt.18-06-2020 2/3 07.03.2020. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 90 liters wine is recovered from the Motorcycle in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the facts and circumstances of the case and also the lockdown, let the petitioner above named, be released on bail on his personal bond to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Case No. 276 of 2020, arising out of Sikty P.S. Case No. 45 of 2020.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period

Patna High Court CR. MISC. No.20035 of 2020(2) dt.18-06-2020 3/3 of four weeks from the date of lifting of the lockdown in the State of Bihar.

(Sudhir Singh, J) U.K./- U T