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Subhash Kumar Singh vs State Of Jharkhand

Jharkhand High Court · Decided on 2 September 2020 · Citation: (2020) 09 JH CK 0022

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 188, 269, 270, 271, 272, 273, 413, 414 · Central Excise Act, 1944 — Section 47(A), 52 · Epidemic Disease Act, 1897 — Section 3 · Disaster Management Act, 2005 — Section 51
CASE NUMBER
Bail Application No. 5501 Of 2020
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Judgment

7 paragraphs · 334 words

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m. They have no complain with respect to the audio and video clarity and quality.

Counsel appearing for the petitioner undertakes to deposit the Deficit Court Fee within two weeks through electronic mode.

Petitioner is an accused for allegedly committing the offence punishable under Sections 188, 269, 270, 271, 272, 273, 413, 414 of the Indian Penal Code, Section 47(A)/52 of the Excise Act and Section 3 of the Epidemic Disease Act, 1897 and Section 51 of the Disaster Management Act, 2005, in connection with Dhanwar Police Station Case No.105 of 2020, pending in the Court of learned Judicial Magistrate 1st Class, Giridih.

16.56 litres foreign liquor was recovered from the house of Ranjan Kumar Singh, who is uncle of this petitioner. It is alleged that the petitioner and said Ranjan Kumar Singh were selling liquor during lockdown in violation of the lockdown. Counsel for the petitioner submits that the petitioner is in custody since 11.05.2020.

Considering the period of custody and the nature of allegation, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Subhash Kumar Singh, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Giridih in connection with Dhanwar Police Station Case No.105 of 2020.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.