Bhopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32531 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- OBRA District- Aurangabad ====================================================== BHOPAL KUMAR S/o Late Lakhan Singh @ Ramlakhan Singh R/o villageGauri, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== 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 Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 267 liters wine is

Patna High Court CR. MISC. No.32531 of 2020(2) dt.09-12-2020 2/2 recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since18.06.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 267 liters wine is recovered from the pick up van in question. 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, let 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 Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad in connection with Obra P.S. case No.140 of 2020. (Sudhir Singh, J) Narendra/- U T