Bikesh Yadav @ Vivek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23370 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- JIRADEI District- Siwan ====================================================== Bikesh Yadav @ Vivek Yadav S/o- Surendra Yadav Resident of VillageThepha Uttar Tola, P.S.- Ziradei, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kumar Kashyap, Adv.

For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-10-2020 Filing through e-mail of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.

The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.

2/3 Heard learned counsel for the petitioner and learned counsel for the State.

The Petitioner seeks bail in connection with Ziradei P.S. Case No. 29 of 2020 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 37(a) of the Bihar Prohibition & Excise Act, 2016. Considering the nature of offence, allegation of recovery of certain quantity of liquor from a motorcycle from which miscreants managed to escape, but the local people identified them as the petitioner Bikesh Yadav and Vishal Sharma and co-accused Vishal Sharma has been granted bail by a co-ordinate Bench of this Court vide order dated 17.09.2020 passed in Cr. Misc. No. 23427 of 2020 as also that the petitioner is in custody since last five months, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge-II-cumSpecial Judge, Siwan in connection Ziradei P.S. Case No. 29 of 2020.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the

3/3 following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr. Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Kumar Kashyap, learned counsel for the petitioner also on his e-mail. (v) Let steps be taken by the Sr. Secretary/registry for up- loading of the present order without compromising with the norms of social distancing.

rohit/- (Ashwani Kumar Singh, J) U T