Dipu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22269 of 2020 Arising Out of PS. Case No.-263 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Dipu Sharma, Son of Late Lachhu Sharma @ Laxman Sharma, MuhallaPurani Bazar, P.S.-Town, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2020 The Court proceeding has been conducted through virtual mode.

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

Since the court proceeding in physical mode is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

2/4 The petitioner is languishing in custody since 03.05.2020 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016, as amended by Act 8 of 2018, hence, the prayer for bail has been made through the present application.

The prosecution case, as per the written report of Gautam Kumar Sah, S.I., Muzaffarpur Town P.S. submitted to the Station House Officer, Muzaffarpur Town P.S., is to the effect that on 24.04.2020 during patrolling from the newly constructed house of the petitioner, 30.885 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the newly constructed house of the petitioner.

Considering the nature of recovery and the fact that the investigation has already been concluded and statement being made in paragraph no.3 of the petition that the petitioner

3/4 is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Special Judge (Excise), Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 263 of 2020.

However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.

The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Special Judge (Excise), Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 263 of 2020.

The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in

4/4 physical mode will not resume in next three months. Accordingly, the application stands disposed of. (Dinesh Kumar Singh, J) DKS/- U T