Jyoti Punj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27168 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== JYOTI PUNJ, Son of Late Shyam Nandan Prasad Singh, Resident of Village - Rupasipur, P.S. - Mahnar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 225(A), 225(B), 201, 188 of the Indian Penal Code read with Sections 51/52 of the Bihar Excise and Prhoibition Act, 2016. Prosecution case in brief is that as per FIR, allegation

Patna High Court CR. MISC. No.27168 of 2020(2) dt.11-01-2021 2/3 against the petitioner is that one Sagar Kumar was caught by ASI Amar Paswan (co-accused with eight bottles of IMFL who handed over him to the petitioner who at that time was O/C of the concerned P.S. but the petitioner without following due process of law and without giving intimation to higher authorities released the accused. Internal inquiry was set up in which the allegation was found true and the FIR has been lodged against the petitioner and co-accused. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence, rather he has been wrongly implicated in this case. The petitioner has clean antecedent.

Learned counsel for the petitioner has filed supplementary affidavit stating therein that after registration of instant FIR, petitioner was put under suspension and departmental proceeding is going on.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory

Patna High Court CR. MISC. No.27168 of 2020(2) dt.11-01-2021 3/3 bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Nawada in connection with Govindpur P. S. Case No. 151 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T