Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22368 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== UPENDRA PASWAN Son of Pirwat Paswan Resident of Village-Rajni, Police Station-Murliganj, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2020 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 APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 962.640 liters wine is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.22368 of 2020(2) dt.04-09-2020 2/2 petitioner is in custody since 14.02.2020 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 962.640 liters wine is recovered. 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhepura in connection with Murliganj P.S. case No.48 of 2020 giving rise to Excise Act case No.147 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) Narendra/- U T