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Patna High Court - Orders

Sonu Singh vs The State Of Bihar on 8 December, 2020

Author: Chakradhari Sharan Singh

Bench: Chakradhari Sharan Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.32310 of 2020
                      Arising Out of PS. Case No.-18 Year-2019 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 SONU SINGH S/o Mahanth Singh Resident of Village-Garhatha Khurd, P.S-
                 Brahmpur, District-Buxar.
                                                                         ... ... Petitioner
                                             Versus
                 The State of Bihar                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Bachan Jee Ojha, Advocate
                 For the Opposite Party :        Mr. Binod Kumar No.3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                                       ORAL ORDER

2   08-12-2020

Heard Mr. Bachan Jee Ojha, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar No.3, learned Additional Public Prosecutor, for the State of Bihar.

This application for grant of regular bail arises out of Brahmpur P.S. Case No. 18 of 2019, registered for the offence punishable under Section 30A of the Bihar Prohibition and Excise Act.

It is alleged in the First Information Report that 2332.80 liters of English wine was recovered by the police, on the basis of secret information, from a pick-up van and a Mahindra vehicle. Allegedly, the persons, who were occupying the vehicle, attempted to flee away. Four of them were, however, apprehended. They disclosed the name of this petitioner as one of their associates, who had fled away. The Patna High Court CR. MISC. No.32310 of 2020(2) dt.08-12-2020 2/3 petitioner was subsequently arrested.

From paragraph 3 of the application it transpires that the petitioner has been made accused in following five cases of same nature :

"(I) Brahmpur P.S. Case No. 64/2020 offence under Section 30(a) of Bihar Prohibition and Excise Act.
(II) Brahmpur P.S. Case No. 18/2019 offence under Section 30(a) of Bihar Prohibition and Excise Act.
(III) Brahmpur P.S. Case No. 63/2020 offence under Section 30(A) of Bihar Prohibition and Excise Act.
(IV) Brahmpur P.S. Case No. 22/2019 offence under Section 30(A) of Bihar Prohibition and Excise Act.
(V) Brahmpur P.S. Case No. 376/2020 offence under Section 30(A) of Bihar Prohibition and Excise Act."

Considering the petitioner's criminal antecedent and quantity of illicit liquor said to have been recovered, this application is dismissed for the present.

Petitioner shall be at liberty to approach this Court renewing his prayer for bail after six months, if, in the meanwhile, there is no substantial progress at the trial.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since COVID-19 pandemic situation is prevailing, the Patna High Court CR. MISC. No.32310 of 2020(2) dt.08-12-2020 3/3 Court has considered it appropriate to adopt following procedure for communication of the present order :-

(i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today 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 a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/-

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