Chhotu Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23357 of 2020 Arising Out of PS. Case No.-629 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Chhotu Rajak Son of Ram Badan Rajak Resident of Village - Chouhan Tola Kushkibagh, P.S.- Sadar, District - Purnea.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-10-2020 Filing through e-mail of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.
The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.
2/3 Heard learned counsel for the petitioner and learned counsel for the State.
The Petitioner seeks bail in connection with Sadar P.S. Case No. 629 of 2019 registered for the offences punishable under Sections 341, 323, 504 and 506 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition & Excise Act, 2016. Considering the nature of offence, the allegation that the petitioner assaulted the wife of his younger brother in drunken condition, the period undergone by him in custody since 19.12.2019 and the plea of innocence taken by him, he is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Sadar P.S. Case No. 629 of 2019.
Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr. Secretary.
3/3 (ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.
(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be sent to Mr. Ram Prawesh Kumar, learned counsel for the petitioner also on his email. (v) Let steps be taken by the Sr. Secretary/registry for up- loading of the present order without compromising with the norms of social distancing.
rohit/- (Ashwani Kumar Singh, J) U T