Baiju Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22058 of 2020 Arising Out of PS. Case No.-276 Year-2014 Thana- SUPAUL District- Supaul ====================================================== Baiju Mehta Son of Damodar Mehta Resident of Village- Amaha Goth, P.S.- Supaul, District- Supaul.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-09-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.
The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. In spite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.
Heard learned counsel for the petitioner and learned
2/3 Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Supaul P.S. Case No. 276 of 2014 registered under Section 7 of the Essential Commodities Act.
Considering that the police found accusation against the petitioner false during investigation and differing with the police report submitted under Section 173(2) of the Code of Criminal Procedure, learned Magistrate took cognizance of the offence, he is directed to be released on bail, in the event of his arrest or surrender, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Supaul in connection with Supaul P.S. Case No. 276 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.
3/3 Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be sent to Mr. Kamal Kishore Singh, learned counsel for the petitioner also on his email.
(v) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. kanchan/- (Ashwani Kumar Singh, J) U T