Sanjay Varanwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32518 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SANJAY VARANWAL S/o Prhlad Varanwal Resident of Village-Sasamusa, Police Station-Kuchai Kote, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Kant Pandey For the Opposite Party/s :

Mr. Navin Kumar Pandey, 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 3335 liters wine is recovered.

Patna High Court CR. MISC. No.32518 of 2020(2) dt.09-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2020. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. It is alleged that 3335 liters wine is recovered from the Anganwari Centre. The petitioner has got no concern with the alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no recovery from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not 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 A.D.J.-II, Gopalganj in connection with Kuchai Kote P.S. Case No. 20 of 2020.

(Sudhir Singh, J) Pankaj/- U T