Raju Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28156 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== RAJU DAS Son of Asharfi Das Resident of Village - East Mohallah Mirganj, P.S.- Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 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 from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 37.900 liters of liquor is recovered.

Patna High Court CR. MISC. No.28156 of 2020(2) dt.02-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.06.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come in the present case by the local residents. The name of the local residents has not been disclosed by the prosecution. It is alleged that 37.900 liters of liquor is recovered from the cartoon. There is no recovery of any incriminating article from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional Sessions Judge II, Gopalganj in connection with Mirganj P.S. case No.317 of 2019.

(Sudhir Singh, J) Narendra/- U T