Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21970 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== 1.

DHIRAJ KUMAR Son of Sanjay Kuwar Resident of Village- Dilawarpur, P.S.- Kesariya, Motihari, Distt- East Champaran. 2.

Abhishek Singh Rajput S/o Arun Kuwar Resident of Village- Dilawarpur, P.S.- Kesariya, Motihari, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2020 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 defects, 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 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.21970 of 2020(2) dt.10-07-2020 2/2 Prosecution case, in short, is that 37.800 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.05.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 37.800 liters wine is recovered. 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./complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, is directed to be released on bail on their personal bond to the satisfaction of IInd Additional District and Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Kateya P.S. case No.138 of 2020. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case. (Sudhir Singh, J) Narendra/- U T