Suresh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22187 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== SURESH RAM S/o Late Jagdeo Ram Resident of Village- Champapur, P.S.- Patahi, District- East Champaran.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-08-2020 Learned counsel for the petitioner undertakes to remove the defects, as pointed out by office, within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Dinesh Singh, learned A.P.P. for the State.
The petitioner, in the present case, is seeking regular bail in connection with Kundwa Chainpur P.S. Case No. 10 of 2020 registered for the offences under Sections 272, 273 of the Indian Penal Code and under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is said to be the driver of the Tempo which was found carrying illicit liquor of 153 liters. It is submitted that the petitioner has no criminal antecedent and he is in custody since
Patna High Court CR. MISC. No.22187 of 2020(2) dt.21-08-2020 2/3 10.01.2020, investigation against him is complete and further incarceration of the petitioner is not likely to come in aid of investigation.
Learned A.P.P. for the State has though opposed the prayer for regular bail but considering the facts and circumstances of the case wherein the petitioner has already remain in custody for more than 7 months, investigation against him is complete and further incarceration of the petitioner is not likely to help the investigation or trial, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction learned Special Judge, Excise, East Champaran at Motihari, in connection with Kundwa Chainpur P.S. Case No. 10 of 2020, 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,
Patna High Court CR. MISC. No.22187 of 2020(2) dt.21-08-2020 3/3 make any inducement, threat or promise to any person 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'.