Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21955 of 2020 Arising Out of PS. Case No.-240 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Anshu Kumar, Son of Anil Prasad @ Anil Kumar, Resident of Mohalla - City Court Barhi Tola, P.S.- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-07-2020 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 Special Case No.3060 of 2020 arising out of Alamganj P.S. Case No.240 of 2020 instituted for the offence punishable under Sections 186, 188, 269 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.21955 of 2020(2) dt.10-07-2020 2/3 Having no criminal antecedents, it is submitted by the petitioner's counsel that the petitioner is in custody since 02.04.2020 upon alleged recovery of 91.62 litres Indian Made Foreign Liquor from Mahabir Ghat.

Petitioner's Counsel submits that the petitioner has no concern with the said recovery and has been falsely implicated merely because he was present near the place of recovery. 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), Patna, in connection with Special Case No.3060 of 2020 arising out of Alamganj P.S. Case No.240 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 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.

Patna High Court CR. MISC. No.21955 of 2020(2) dt.10-07-2020 3/3 (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