This order grants bail to the petitioner in a prosecution for an offence under the Bihar Prohibition and Excise Act, 2016, considering his clean antecedents and the prevailing lockdown.
The petitioner be released on bail on furnishing his personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.941 of 2020
Arising Out of PS. Case No.-522 Year-2019 Thana- BARAUNI District- Begusarai
======================================================
ARUN PANDIT Son of late Singeshwar Pandit Resident of Village - Mahna, P.S.- Barauni (Refinery O.P.), Distt.- Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Binod Kumar, Advocate For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
4 12-05-2020
Heard Mr. Binod Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Barauni (Refinery O.P.) P.S. Case No. 522 of 2019 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel appearing on behalf of the petitioner would submit that the petitioner is in custody since 03.12.2019. He has no criminal antecedent. By order dated 16.01.2020 his antecedent report was called for which has been received. The antecedent report also certifies that the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.941 of 2020(4) dt.12-05-2020 2/2
Considering the fact that the petitioner has no criminal antecedent and he has remained in custody since 03.12.2019, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Additional Sessions Judge-IIcum-Special Judge, Excise Act, Begusarai in connection with Barauni (Refinery O.P.) P.S. Case No. 522 of 2019 on account of the circumstances prevailing due to lockdown in the wake of Covid-19 pandemic.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in view of his lack of criminal antecedents and circumstances of the pandemic lockdow
1 provisions across 1 enactments
Arun Pandit
The State Of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
