Vidhan Rai @ Bidhan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21428 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- MANJHI District- Saran ====================================================== 1.

VIDHAN RAI @ BIDHAN RAY Son of Late Krishna Rai Residence of Village - Sabalpur west Tola, P.S.- Sonepur, District - Saran at Chapra. 2.

Praduman Kumar Son of Sri Chandeshwar Rai Residence of Village - Pahleja Bali Tola, P.S.- Sonepur, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2020 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 petitioners 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 petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 30, 30(a), 38(i) & 38(ii) of the Bihar Prohibition and

Patna High Court CR. MISC. No.21428 of 2020(2) dt.02-07-2020 2/3 Excise Act, 2016.

The prosecution case, in short, is that 211 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge sheet/Prosecution report in this case has already been submitted. The petitioners are in custody since 2002-2020. It is alleged that 211 liters wine is recovered from Indica car, in question. The car does not belong to the petitioners. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, be released on bail on their personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Siwan in connection with Manjhi P.S. Case No. 45 of 2020.

Patna High Court CR. MISC. No.21428 of 2020(2) dt.02-07-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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