Gurmagath Singh @ Gurunath Sinh @ Gurumagad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31302 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Gurmagath Singh @ Gurunath Sinh @ Gurumagad Singh Son of Mehar Sinh Resident of Village- Gilpind, Police Station- Sadar, District- Ludhiana (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 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 defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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

The petitioner seeks bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 3015.16 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.31302 of 2020(2) dt.02-12-2020 2/2 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-06-2020. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 3015.16 liters wine is recovered from the truck, in question. The petitioner is alleged to be driver of the said truck. The petitioner had no knowledge regarding the goods booked by the transporter. There is no compliance of Section 100 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 of the case, 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 learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Begusarai in connection with Excise Case No. 103C2 of 2020.

(Sudhir Singh, J) A.K.V.//- U T