Sunil Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21091 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- PALIGANJ District- Patna ====================================================== 1.
Sunil Kumar Sharma Son of Late Gopi Chand Sharma Resident of Village - Dashnaghate, Gajibad, P.S.- Gajibad, Distt.- Gajiabad (U.P). 2.
Suresh Kumar Son of Rajeshwar Prasad Resident of Village - and P.S.- Govindpuri New Delhi, Dist.- South Ex, Delhi. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 Learned counsel for the petitioners undertakes to remove the defects, as pointed out by office, within three weeks after start of normal functioning of the Court. Heard learned counsel for the Petitioners and learned A.P.P. for the State.
Petitioners in the present case are seeking regular bail in connection with Special Case No. 2937 of 2020 corresponding to Paliganj P.S. Case No. 125 of 2020 registered for the offence under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case and have no criminal antecedent. Petitioners are in custody since 23.03.2020.
Patna High Court CR. MISC. No.21091 of 2020(2) dt.29-06-2020 2/3 Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioners.
Having regard to the facts and circumstances of the case wherein these petitioners having no criminal antecedent are in custody since 23.03.2020, investigation against them is complete and it is not the submission of the State that the release of these petitioners at this stage is likely to interfere with the course of trial, let the petitioners above named be released on bail in connection with Special Case No. 2937 of 2020 corresponding to Paliganj P.S. Case No. 125 of 2020 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction learned Special Judge, Excise, Patna, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.
Patna High Court CR. MISC. No.21091 of 2020(2) dt.29-06-2020 3/3 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 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. Since the petitioners are permanent residents of State of U.P. and Delhi respectively, in order to secure their appearance this court directs at least one of the bailors must be local and the petitioners should ensure their presence in course of trial on the date fixed in the matter. Two consecutive failures to attend the proceeding in the trial court without there being cogent reason acceptable to the learned trial court, the learned trial court shall cancel the bail bond and proceed in accordance with law.
(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'.