Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.2875 of 2020 Arising Out of PS. Case No.-396 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== MANTU KUMAR Son of Shankar Mahto Resident Village - Sushtampur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-07-2020 Although no one has responded on call on behalf of the petitioner, however Mr. Akhileshwar Dayal, learned A.P.P. for the State is present.

The petitioner in the present case is seeking regular bail in connection with Case No. 396C2/2019 registered for the offences under Sections 30(a) of Bihar Excise Prohibition and Amendment Act.

Learned counsel for the petitioner submits that the petitioner was arrested from the vehicle in question from which illicit liquors were recovered. He has no criminal antecedent and has remained in custody since 03.10.2019.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.2875 of 2020(3) dt.06-07-2020 2/3 Having regard to the facts and circumstances of the case and on perusal of the records, it appears that the petitioner was arrested from the vehicle in question from which illicit liquors were recovered, he has no criminal antecedent and has remained in custody since 03.10.2019, the trial is not likely to be concluded in near future and there being no argument on behalf of the State that release of the petitioner in any way likely to interfere with the course of trial, let the petitioner abovenamed be released on bail in connection with Case No. 396C2/2019 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned A.D.J. - IInd, Jamui, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.2875 of 2020(3) dt.06-07-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.