Patna High CourtCR. MISC./21575/2020bail granted

Jawahir Bind v. The State Of Bihar

2020-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21575 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== JAWAHIR BIND S/o Shivpujan Bind Resident of Village- Chorlohara, P.S.- Chainpur, Distt- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2020 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.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 141 of 2020 for the offence punishable under Section 30(a) & 30(d) of the Bihar Prohibition and Excise Amendment Act.

The allegation is regarding recovery of 50 litres of illicit country made liquor from the motorcycle of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the

Patna High Court CR. MISC. No.21575 of 2020(2) dt.06-07-2020 2/2 present case and is languishing in custody since 15.05.2020. It is further submitted that there is no compliance of Section 100 Cr.P.C. while preparing the seizure list.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 141 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T