Deepak Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27280 of 2020 Arising Out of PS. Case No.-206 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Deepak Kumar Thakur, S/o Shyam Kishore Thakur @ Shyam Thakur, Resident of Village- Sabalpur, Kachhari Bazar, P.S.- Sonepur, District- Saran (Chhapra) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-10-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Gulnar Begum, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Pirbahore P.S. Case No. 206 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner was arrested by the Police on mere suspicion that he was having the three plastic bags in which illicit liquours of about 88 litres were seized.

Patna High Court CR. MISC. No.27280 of 2020(2) dt.19-10-2020 2/3 Learned counsel submits that this petitioner has got no criminal antecedent and he is in custody in connection with this case since 15.03.2020, investigation against him is complete and hence, the petitioner may be released on bail. Learned A.P.P. for the State has though opposed the prayer for regular bail of the petitioner, considering the facts and circumstances of the case, wherein the petitioner has remained in custody since 15.03.2020, investigation against him is complete and it is not the submission of the State that release of the petitioner at this stage in any way is likely to interfere with the course of trial, the petitioner otherwise has no criminal antecedent, let the petitioner above-named be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Pirbahore P.S. Case No. 206 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft

Patna High Court CR. MISC. No.27280 of 2020(2) dt.19-10-2020 3/3 he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.