Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 26304 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- PIRO District- Bhojpur ====================================================== ARVIND KUMAR SINGH Son of Jagmohan Singh Resident of Village - Inarpatpur, P.S. - Piro (Hasan Bazar), District - Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Piro Police Station (for brevity, PS) Case No 73 of 2020 dated 16.03.2020 instituted for the offence punishable under Section 420 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Patna High Court CR. MISC. No.26304 of 2020(2) dt.13-10-2020 2/3 259.2 liters of Indian Made Foreign Liquor is said to have been recovered from the vehicle from where the petitioner was arrested.

Submission is that the petitioner has no criminal antecedent. It is further submitted that the petitioner is in custody since 17.03.2020. The other co-accused arrested from the vehicle, namely, Ajay Kumar has been allowed bail by this Court in Cr Misc No 22323 of 2020.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV -cum- Special Judge, Excise, Bhojpur, Ara in Piro PS Case No 73 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.26304 of 2020(2) dt.13-10-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T