Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23853 of 2020 Arising out of PS. Case No.-16 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== Ravindra Kumar, S/o Surendra Mahto @ Surendra Kumar R/o VillageBhaluaha, P.S.- Sonbarsa, Dist- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2020 The Court proceeding has been conducted through virtual mode.
Heard learned counsel for the petitioner and learned APP for the State.
Since the court proceeding in physical mode is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.
The petitioner is languishing in custody since 26.02.2020 in a case registered for the offences punishable under Sections 188, 272 and 273 of the Indian Penal Code and
2/4 Sections 30/30(a) of Bihar Prohibition and Excise Act, 2016, as amended by Act 8 of 2018, hence, the prayer for bail has been made through the present application.
The prosecution case, as per the written report of Vijay Kumar Ram, S.I.-cum-S.H.O., Sahiyara P.S. submitted to the 2nd Additional Sessions Judge-cum-Special Judge, Sitamarhi, is to the effect that on 25.02.2020 at 10.30 P.M. during the night patrolling, one auto-rickshaw was intercepted while two persons were travelling on the same and on search total, 90 litres of Indian Made Foreign liquor were recovered.
It is submitted by learned counsel for the petitioner that the petitioner was simply a passenger in the public carrier. A statement has been made in paragraph no. 11 of the petition that the petitioner is not the owner of the auto-rickshaw in question. A statement has further been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent and investigation has already been concluded. Learned APP for the State submits that the recovery has been made from the auto-rickshaw in which the petitioner was travelling.
Considering the fact that recovery was made from a public transport and the investigation has already been
3/4 concluded and the statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Additional Sessions Judge-II -cum- Special Judge (Excise), Sitamarhi in connection with Sahiyara P.S. Case No. 16 of 2020.
However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Additional Sessions Judge-II -cum- Special Judge (Excise), Sitamarhi in connection with Sahiyara P.S. Case No. 16 of 2020. The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical
4/4 mode will not resume in next three months.
Accordingly, the application stands disposed of. (Dinesh Kumar Singh, J) Vikash/- U T