Rinku Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27064 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== RINKU DAS, aged about 26 years (Male), Son of Tapeshwar Das, Resident of Village - Dabgar Toli, Ward No. 20, P.S. - Daudnagar, District - Aurangabad (Bihar).

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar, Advocate.

For the Opposite Party :

Mr. Mustaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2020 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 after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30 (a) (c)(e), 32, 36 of the Bihar

Patna High Court CR. MISC. No.27064 of 2020(2) dt.19-10-2020 2/3 Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 279 liters wine is said to have been recovered from the joint house of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 12.03.2020. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 279 liters wine is recovered from the joint house of the petitioner where other family members also reside. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R./complaint case.

Considering the facts and circumstances of the case, the petitioner above named, is directed to 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 the learned Additional Sessions Judge--VII-cum-Special Judge (Excise),

Patna High Court CR. MISC. No.27064 of 2020(2) dt.19-10-2020 3/3 Aurangabad, in connection with Daudnagar P.S. Case No. 85/2020, G.R. No. 258/2020.

(Sudhir Singh, J) U.K./- U T