Sanjay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21100 of 2020 Arising Out of PS. Case No.-284 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== SANJAY KUMAR JHA Son of Sitaram Jha Resident of Village - Sabour, Mansarpur, P.S.- Sabour, Distt.- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 Learned counsel for the petitioner 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 petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Excise Case No. 284/2019 registered for the offence under Section 30(A) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as the recovery was made from the open place at railway platform not from the possession of this petitioner. Learned counsel submits that petitioner has no criminal antecedent and he is in custody

Patna High Court CR. MISC. No.21100 of 2020(2) dt.29-06-2020 2/3 since 16.12.2019.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the petitioner is in custody since 16.12.2019 having no criminal antecedent, investigation against them is complete and it is not the submission of the State that his release at this stage is likely to interfere with the course of trial, let the petitioner above named be released on bail in connection with Excise Case No. 284 of 2019 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned 2nd Additional Sessions Judge - cum - Special Court, Excise, Bhagalpur, subject to the conditions as laid down under Section 437(3) of the 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, oft he 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

Patna High Court CR. MISC. No.21100 of 2020(2) dt.29-06-2020 3/3 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 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) 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'.