Sunil Rai @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22358 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUNIL RAI @ SUNIL KUMAR S/o Kedar Rai @ Kedar Prasad Yadav Resident of Village- Shivrahan Basudeo, P.S.- Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Dr. Mrintunjay Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 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 registered under Sections 272, 273 of the Indian Penal Code and 30(a)/36 of the Bihar Prohibition & Excise Act, 2016.

Patna High Court CR. MISC. No.22358 of 2020(2) dt.10-09-2020 2/2 Prosecution case is that 345.780 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.02.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 345.780 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.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. case No.61 of 2020.

(Sudhir Singh, J) Narendra/- U T