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Patna High CourtCR. MISC./23712/2020allowed

Anmol Kumar v. The State Of Bihar

2020-09-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23712 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

ANMOL KUMAR S/O Rajesh Singh @ Rajesh Kumar Resident of Village - Parsa Mathura, P.S. Parsa, District - Chapra (Saran), Bihar. 2.

Mohan Kumar S/O Nirmal Tiwari Village - Amnour Pahaadpur, P.S. - Amnour, District - Chapra (Saran),Bihar.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Shekhar Pandey For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2020 Heard learned counsel for the petitioners and learned APP for the State through video-conferencing. . Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, 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. The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition

Patna High Court CR. MISC. No.23712 of 2020(2) dt.17-09-2020 2/3 and Excise Act, 2016.

106.840 liters of spurious liquor is said to have been recovered from a tempo and the petitioners were apprehended. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have no concern either with the seized liquor or the vehicle in question or any trade of liquor. They have been falsely implicated in this case by the police at the instance of their enemies. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no criminal antecedent and have been languishing in custody since 05.03.2020.

Petitioners are agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts aforesaid, the above named petitioners are 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 2ndAdditional Sessions Judge, Goplaganj in connection with Excise Case No.72 of 2020.

Patna High Court CR. MISC. No.23712 of 2020(2) dt.17-09-2020 3/3 The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister's Relief Fund, Bihar.

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