Rajni Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32500 of 2020 Arising Out of PS. Case No.-600 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== RAJNI KANT KUMAR Son of Motilal Yadav @ Moti Lal Singh Resident of Village- Jagdihpur, P.S.- Fesar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Leelawati Kumari For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 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 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 165 liters wine is

Patna High Court CR. MISC. No.32500 of 2020(2) dt.09-12-2020 2/2 recovered from the auto.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.07.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 165 liters wine is recovered from the auto. 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/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned Additional Sessions Judge -VII-cum- Special Judge, Excise, Aurangabad in connection with Excise Case No. 600/2020.

(Sudhir Singh, J) Pankaj/- U T