Akshay Lal Bin @ Achhelal Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32902 of 2020 Arising Out of PS. Case No.-11 Year-2009 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Akshay Lal Bin @ Achhelal Bin, S/o Gorakh Bin, R/o Village- Chapraithi, P.S.- Rasulpur, District- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.
2. The petitioner has filed the present application under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Excise Trial No.1479 of 2018 arising from Excise Case No.11 of 2009 in which cognizance has been taken under Section 47(a) of the Bihar Prohibition and Excise Act.
3. Considering that for the alleged recovery of 100 liters country-made liquor from the house of the petitioner, he is in custody since 30.05.2020 and since the investigation is complete his custodial interrogation is not warranted as also the statement made in para 3 of the application that he has got no criminal antecedent, he is directed to be released on bail on furnishing bail
2/2 bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Excise Trial No.1479 of 2018 arising from Excise Case No.11 of 2009.
4. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Senior Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Senior Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.
(iv) Let steps be taken by the Senior Secretary/registry for up-loading of the present order without compromising with the norms of social distancing.
Sanjeet/- (Ashwani Kumar Singh, J.) U T