Dharmvir Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27033 of 2020 Arising Out of PS. Case No.-246 Year-2020 Thana- GARDANIBAG District- Patna ====================================================== DHARMVIR RAY (Male), aged about 26 years, Son of Jay Shyam Ray, Resident of Village- Mirampur, P.S.- Raghopur, Distt- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party :

Mr. Jharkhandi Upadhaya, 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)/34 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 62.500 liters wine is recovered from possession of the petitioner.

Patna High Court CR. MISC. No.27033 of 2020(2) dt.19-10-2020 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 07.05.2020. The petitioner has got no criminal antecedent. Charge sheet 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. Total 62.500 liters wine is said to have been recovered from possession of the petitioner. 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. 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 Special Judge, Excise, Patna, in connection with Special Case No. 3395 of 2020, arising out of Gardanibagh P.S. Case No. 246 of 2020.

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