Divesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20886 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== DIVESH KUMAR, Son of Suchit Paswan, Resident of Village - Kabilpur, P.S.- Bahadurpur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. 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.

Learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 756.540 liters of foreign liquor from the house of co-accused Most. Bimla Devi and also from the Scooty. The co-accused namely Most. Bimla Devi has disclosed

Patna High Court CR. MISC. No.20886 of 2020(2) dt.21-08-2020 2/2 the name of the persons including the petitioner and the petitioner has been made accused in this case on the basis of confessional statement of co-accused.

Learned APP for the State opposes the bail petition. Petitioner is agreed to deposit a sum of Rs. 30,000/- (Rupees Thirty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Darbhanga in connection with Bahadurpur P. S. Case No. 64 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/- (Rupees Thirty Thousand) in the Chief Minister Relief Fund.

(Anjani Kumar Sharan, J) amitkumar/- U T