Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22116 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== SUNIL SINGH Son of Bikram Singh Resident of Village - Rohna, P.S. - Vaishali, Dist. - Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP Incharge ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-08-2020 Learned counsel for the petitioner undertakes to remove all the defects within a period of four weeks after start of normal functioning of the Court.
Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP Incharge for the State as Mr. Arvind Kumar Pandey, learned APP is not present.
The petitioner in the present case is seeking regular bail in connection with Vaishali P.S. Case No. 99 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and is in custody since 20.03.2020. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and the alleged illicit liquor has been allegedly recovered from the joint house of the
Patna High Court CR. MISC. No.22116 of 2020(2) dt.26-08-2020 2/3 petitioner where several members of the family are residing. Learned APP for the State has though opposed the prayer for regular bail of the petitioner but considering that the illicit liquor is said to have been recovered from the joint family house and further the petitioner has remained in custody for more than five months and at this stage the investigation against him is complete, his further incarceration in the custody is not likely to come in aid of investigation or help the prosecution as also that he has no criminal antecedent, let the petitioner above named be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 99 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from
Patna High Court CR. MISC. No.22116 of 2020(2) dt.26-08-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner.
(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.