Laddu Kumar @ Laddu @ Laddu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21584 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== LADDU KUMAR @ LADDU @ LADDU KUMAR MAHTO, (Male), aged about 23 years, S/o Viresh Mahato @ Biresh Mahato, Resident of VillageNayatola, Banjari, Police Station-Nagar Gopalganj, District-Gopalganj. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Lokesh Kumar Singh, Advocate.

For the Opposite Party :

Mr. Rajballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2020 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 petitioner 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 petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 414 of the I.P.C. and 30(a), 41(i) of the the Bihar Prohibition and Excise (Amendment)Act, 2018.

Patna High Court CR. MISC. No.21584 of 2020(2) dt.06-07-2020 2/3 The prosecution story, in brief, is that total 492.48 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.02.2020. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 492.48 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. The name of the petitioner has transpired in the present case on the basis of disclosure made by the local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Gopalganj in connection with Gopalganj Town P.S.

Patna High Court CR. MISC. No.21584 of 2020(2) dt.06-07-2020 3/3 Case No. 66 of 2020.

Once the normalcy is restored, the petitioner shall 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) U.K./- U T