Surendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21901 of 2020 Arising Out of PS. Case No.-201 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

SURENDRA JHA S/o- Rambrij Jha Resident of Village- Lakshmipur, P.S.- Riga, District- Sitamarhi, Bihar.

2.

Ravi Kumar Jha S/o- Kapil Dev Jha Resident of Village- Lakshmipur, P.S.- Riga, District- Sitamarhi, Bihar.

3.

Ravi Kumar S/o- Sudesh Ray @ Surendra Ray Resident of VillageLakshmipur, P.S.- Riga, District- Sitamarhi, Bihar. 4.

Jitendra Kumar S/o- Shivji Yadav Resident of Village- Lakshmipur, P.S.- Riga, District- Sitamarhi, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nivedita Nirvikar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

At the outset, the learned counsel for the petitioner undertakes to remove all the defects, as pointed out by the stamp reporter, within a period of four weeks of resumption of normal physical functioning of the Court including resumption of physical filing.

Heard the learned counsel for the petitioners and

Patna High Court CR. MISC. No.21901 of 2020(2) dt.09-07-2020 2/3 Smt. Pronati Singh, the learned A.P.P. appearing for the State. The petitioners seek regular bail in connection with Case No. C2/201 of 2020 for the offence punishable under section 30(A) of Bihar Prohibition & Excise Act, 2016. The allegation is regarding recovery of 576 litres of illicit Nepali saufi wine from the accused persons, after their vehicle i.e. Honda City car was apprehended by the police and search was made.

The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the present case, are having a clean antecedent and are languishing in custody since 20.03.2020.

The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioners and taking into account the period of incarceration of the petitioners apart from the fact that they are having a clean antecedent, I deem it fit and proper to direct for the release of the petitioners on regular bail. Accordingly, the petitioners, above-named, are directed to be released on regular bail on furnishing bail-bonds

Patna High Court CR. MISC. No.21901 of 2020(2) dt.09-07-2020 3/3 of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Sitamarhi in connection with Case No. C 2/201/20.

(Mohit Kumar Shah, J) Tiwary/- U T