Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21092 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Saurav Kumar, Son of Sri Naresh Kumar Modi @ Naresh Barnwal, Resident of Village - Meghatari, P.S.- Kodarma, Distt.- Kodarma (Jharkhand) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 Learned counsel for the petitioner undertakes to remove the defects within three weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Rajauli P.S. Case No. 296 of 2019 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

Earlier the prayer for bail of the petitioner was rejected vide order dated 18.01.2020 passed in Cr. Misc. No. 85905 of 2019 with an observation that the petitioner may renew his prayer for bail after a reasonable period. The

Patna High Court CR. MISC. No.21092 of 2020(2) dt.29-06-2020 2/3 petitioner is in custody since 27.11.2019 and at this stage the trial is not likely to be concluded in near future, further incarceration of the petitioner is not likely to aid in investigation or help the prosecution, let the petitioner above named be released on bail in connection with Rajauli P.S. Case No. 296 of 2019 on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cumSpecial Judge, Nawada, subject to the condition as laid down under Section 437 (3) 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, of the 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.21092 of 2020(2) dt.29-06-2020 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) vats/- 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'.