Ajeet Singh @ Ajit Singh @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20066 of 2020 Arising Out of PS. Case No.-535 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ajeet Singh @ Ajit Singh @ Ajit Kumar S/o Sonelal Singh R/o villageGaupur, Ward No. 05, P.S.- Ujjyarpur, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anjum Akhter For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

Patna High Court CR. MISC. No.20066 of 2020(2) dt.07-07-2020 2/3 The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Act 8 of 2018.

The prosecution case is that from the verandah of the house of the petitioner, 85.230 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the verandah of the house of the petitioner which is open area and hence, it cannot be treated from conscious physical possession of the petitioner. The petitioner is accused in one another case of similar nature.

Learned APP submits that the recovery has been made from the verandah of the house of the petitioner. Considering the fact that the recovery has been made from open verandah of the house of the petitioner, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Excise Case No. 535 of 2019, pending in the Court of learned Additional District & Sessions Judge-II -cum- Special

Patna High Court CR. MISC. No.20066 of 2020(2) dt.07-07-2020 3/3 Judge, Excise Act, Samastipur.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T