Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 20976 of 2020 ====================================================== Amresh Kumar, son of Vishwanath Prasad, resident of village-Sendhwari Purshottam, P.S.-Motipur, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate Mr. Abhishek Kumar, Advocate Mrs. Rashmi Jha, Advocate Mr. Sharad Kumar Verma, Advocate For the Respondent State:

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2020 Heard Mr. Umesh Chandra Verma, learned counsel appearing on behalf of the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Excise Case No. 43 of 2020, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

On conjoint reading of the F.I.R. and the seizure list, it appears that from the vehicle, which the petitioner was driving, police recovered 259 litres of illicit foreign liquor. Learned counsel appearing on behalf of the petitioner has submitted that there is nothing to demonstrate that the liquor, which was seized, was spurious and hazardous to health. He has also argued that the petitioner has no criminal

antecedent. Petitioner is in custody since 08.02.2020. Be that as it may, considering huge quantity of illicit liquor allegedly recovered from the petitioner's conscious possession, I am not inclined to grant him regular bail for the present.

This application is rejected.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the

learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T