Alok Ranjan @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22493 of 2020 Arising Out of PS. Case No.-592 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== ALOK RANJAN @ BHOLA SINGH Son of Late Ramnaresh Singh Resident of Village-Ramkrishna Dubiyahi, P.S-Saraiya (Jaitpur O.P), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2020 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. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 1392.870 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.22493 of 2020(2) dt.15-09-2020 2/2 Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 11-02-2020. It is alleged that 1392.870 liters wine is recovered from the Bolero, in question. The petitioner is said to be driver of the vehicle. He had no knowledge regarding the nature of goods kept in the vehicle. Nothing incriminating has been recovered from the conscious possession of the petitioner. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 16-05-2020 passed in Cr. Misc. No. 19347 of 2020. 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.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 592 of 2019.

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