Dharamdev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28965 of 2020 Arising Out of PS. Case No.-820 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== DHARAMDEV SINGH S/o Sri Hridyanand Singh Resident of VillageGanjahar, P.S.-Dhangai, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Mr. Mukeshwar Dayal, learned APP, is appearing as it is submitted that the brief has been allotted to him by the office of Advocate General. His name may also be printed in the cause list.

Heard learned counsel for the petitioner and learned APP for the State.

Patna High Court CR. MISC. No.28965 of 2020(4) dt.14-12-2020 2/3 Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Government Official Complaint No. 820 of 2019, arising out of P. R. No. 28 of 201920 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 2610 liters of illicit liquor has been recovered from the truck upon which the petitioner along another co-accused was also arrested.Earlier, the prayer of bail was rejected by this Court on 28.01.2020 with liberty to renew his prayer after framing of charge. The Covid pandemic, in the interregnum, has frustrated the progress of the trial, as per submission of the petitioner's counsel.

Petitioner is now in custody since 10.11.2019 that is more than a year having no criminal antecedents.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Kaimur

Patna High Court CR. MISC. No.28965 of 2020(4) dt.14-12-2020 3/3 at Bhabua, in connection with Government Official Complaint no. 820 of 2019, arising out of P. R. No. 28 of 2019-20, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U