Pintu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22592 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== PINTU SAH Son of Prem Sah @ Parma Sah @ Prabha Sah Resident of Village- Hira Pakad, Naharpar, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Ranjan, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2020 The court proceeding has been conducted through virtual mode.
Since the court proceeding is not functional in physical mode, due to present Pandemic, Covid -19, the present case has been listed with defects.
Learned counsel for the petitioner undertakes to remove the defect(s) within a period of four weeks of resumption of court proceeding in physical mode. If the defect(s) is not removed within the undertaken period, the office will place the matter again. Heard learned counsel for the petitioner and the State.
2/4 The petitioner is languishing in custody since 03.06.2020, in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018.
The prosecution case, as per the written report of Inspector, Prohibition, Gopalganj submitted to the Additional District and Sessions Judge, Gopalganj is to the effect that on 01.09.2019, 112.32 of Indian Made Foreign Liquor and 12 litres of beer were recovered from a Wagon -R car. However, the driver and co-driver of the alleged car managed to escape from the spot while taking away documents of the vehicle. The petitioner is alleged to the driver of the alleged car. Learned counsel for the petitioner submits that the petitioner in no way is connected with the alleged vehicle. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that though the petitioner is accused in five other cases, but in those cases, the petitioner is on bail.
Learned APP submits that the petitioner was the driver of the vehicle from which the recovery has been made. Considering the fact that the there is nothing on record to suggest that the petitioner was the driver of the alleged
3/4 vehicle, the investigation has already been concluded and the period under custody, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise Act, Gopalganj, in connection with Excise Case No. 296 of 2019. However, in view of the present pandemic, COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.
10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise Act, Gopalganj, in connection with Excise Case No. 296 of 2019.
4/4 months.
Accordingly, the present application stands disposed of.
(Dinesh Kumar Singh, J) Ashwini/- U T