Ramesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22305 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== RAMESH KUMAR SINGH S/o Sahdeo Singh Resident of Village-Rasgula Gunj, P.S.-Motipur, District-Muzaffarpur, Bihar. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anish Kumar For the Opposite Party :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-11-2020 Heard Mr. Anish Kumar, learned counsel appearing on behalf of the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Muzaffarpur P. S. Case No. 27 of 2020, registered for the offence punishable under Section 30(A) of Bihar Excise Act. The petitioner is in custody since 06.03.2020. Allegedly, while de-boarding a train, he was intercepted by the police and from his possession 26.5 liters of Indian made foreign liquor was recovered.
Drawing attention to the statement made in paragraph 3 of the application that the petitioner has clean antecedent, learned counsel appearing on behalf of the petitioner has submitted that as charge-sheet has been submitted, there
Patna High Court CR. MISC. No.22305 of 2020(3) dt.13-11-2020 2/3 would be no question of the petitioner interfering or influencing with the course of investigation. Learned counsel for the petitioner has further contended that the petitioner shall present himself before the Court below as and when required, if he is allowed regular bail.
Considering the above submission and the period of custody of the petitioner, this application is allowed. 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 the learned Special Judge (Excise), Muzaffarpur, in Muzaffarpur P. S. Case No. 27 of 2020.
It is, however, observed that in case the petitioner is found involved in similar offence, in future, while on bail in this case, the prosecution shall be at liberty to approach this Court for cancellation of bail.
It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :-
Patna High Court CR. MISC. No.22305 of 2020(3) dt.13-11-2020 3/3 (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today 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 communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T