Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29667 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- DAGARUA District- Purnia ====================================================== BHAVESH KUMAR Son of Jagdish Prasad Mahto @ Jagdish Mahto Resident of Village - Khutti Haseli, P.S.- Sri Nagar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2020 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 offences under Sections 272, 273 of I.P.C.

Prosecution case, in short, is that 268.875 liters wine is recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.29667 of 2020(2) dt.09-11-2020 2/2 the petitioner is in custody since 07.06.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 268.875 liters wine is recovered from the car. The car in question does not belong to the petitioner. 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 Special Judge (Excise), Purnea in connection with Special Excise case No.229 of 2020 arising out of Dagarua P.S. case No.88 of 2020. (Sudhir Singh, J) Narendra/- U T