Sona Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22500 of 2020 Arising Out of PS. Case No.-251 Year-2018 Thana- HISUWA District- Nawada ====================================================== SONA RAJVANSHI Son of Jagan Ram Resident of Village - Tungi Chakpar, P.S.- Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the State :

Mr. Nityanand Tiwary, 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 Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case, in short, is that 60 liters wine is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.22500 of 2020(2) dt.15-09-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 20-02-2020. It is alleged that 60 liters wine is recovered from joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 Additional District & Sessions Judge-II-cum-Special Judge, Excise, Nawada in connection with Hisua P.S. Case No. 251 of 2018.

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