Patna High CourtCR. MISC./21522/2020bail granted

Mohan Kumar @ Mohan Kumar Ray v. The State Of Bihar

2020-10-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21522 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- MALSALAMI DistrictPatna ====================================================== Mohan Kumar @ Mohan Kumar Ray S/o Sakaldip Ray Resident of Humad Gali, P.S.- Chowk, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anujit Sinha, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof. Learned counsel for the State states that he has no objection in this regard and the matter be taken up on merits in view of the stated urgency.

2. The petitioner is in custody since 22.01.2020 in connection with Special Case No. 755 of 2020 arising out of Malsalami P.S. Case No. 21 of 2020 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 58 litres of Mahua wine from the road side behind the house of one Gorakh Rai. The petitioner was implicated on being caught while fleeing away and

Patna High Court CR. MISC. No.21522 of 2020(3) dt.13-10-2020 2/2 disclosing his name as Mohan Kumar. No recovery has been made from the conscious possession of the petitioner. The petitioner has already suffered nine months in custody and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 22.01.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Special Case No. 755 of 2020 arising out of Malsalami P.S. Case No. 21 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U