Bindeshwar Rai @ Vindeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29858 of 2020 Arising Out of PS. Case No.-219 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

BINDESHWAR RAI @ VINDESHWAR RAI S/O Ram Sewak Rai R/O Village - Rain Vishuni, P.S. - Runnisaidpur, Dist. - Sitamarhi. 2.

Laloo Pandit S/O Bharat Pandit R/O Village - Rain Vishuni, P.S. - Runnisaidpur, Dist. - Sitamarhi.

3.

Raj Kishore Mahto S/O - Kari Mahto R/O Village - Rain Vishuni, P.S. - Runnisaidpur, Dist. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Shyam Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2020 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 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, 30(a), 38, 41 of Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.29858 of 2020(2) dt.13-11-2020 2/2 Prosecution case, in short, is that 2687.400 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.06.2020 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 2687.400 liters wine is recovered from different vehicles. The vehicles are said to have been parked in front of the house of co-accused Uday Kumar. There is no recovery of wine from the conscious possession of the petitioners. 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 A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Nanpur P.S. case No.219 of 2020.

(Sudhir Singh, J) Narendra/- U T