Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19754 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Anil Kumar, Son of Mahadeo Paswan, Resident of Village- Semarwar, Police Station- Patepur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachin Kumar, Advocate For the Opposite Party/s :
Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Minapur P.S. Case No.93 of 2020 instituted for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.19754 of 2020(2) dt.24-06-2020 2/3 The prosecution case is that 531 litres foreign liquor has been recovered from a truck parked near a petrol pump. The allegation is that the petitioner is fleeing away and has been apprehended.
Learned counsel for the petitioner submits that even as per the allegation, the petitioner was not apprehended from the truck from where recovery has been made. The petitioner has no criminal antecedents and was a bona fide passerby. There is no compliance of the mandatory procedure prescribed under Section 100 Cr.P.C. He is in custody since 19.03.2020. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Muzaffarpur, in connection with Minapur P.S. Case No.93 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy
Patna High Court CR. MISC. No.19754 of 2020(2) dt.24-06-2020 3/3 as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T