Ramakant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25321 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

RAMAKANT RAI Son of Narayan Rai Resident of Village - Narhakalan, Uttarbari Tola, P.S. - Bajpatti, District - Sitamarhi. 2.

Rambabu Kumar Son of Ramsakal Rai Resident of Village - Narhakalan, Uttarbari Tola, P.S. - Bajpatti, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 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 petitioners 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 petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 30(a) of Bihar Prohibition and Excise Acf, 2016.

Patna High Court CR. MISC. No.25321 of 2020(2) dt.28-09-2020 2/2 Prosecution case, in short, is that 132 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 30.04.2020 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 132 liters wine is recovered. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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 District & Sessions Judge II-cum-Special Judge (Excise), Sitamarhi in connection with Bajpatti P.S. case No.106 of 2020. (Sudhir Singh, J) Narendra/- U T