Jay Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24227 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== JAY PRAKASH SINGH Son of Rajdev Singh Resident of Village- Sapahi, P.S.- Turkaulia (Raghunathpur O.P.), District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects 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 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.

Patna High Court CR. MISC. No.24227 of 2020(2) dt.15-10-2020 2/3 Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 35 liters Nepali Liquor has been recovered from a Pickup Van which was being driven by the driver. He submits that petitioner has been made accused in this case on the basis of owner of the said vehicle. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, West Champaran, Bettiah in connection with Purushottampur Police Station Case No. 100 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.24227 of 2020(2) dt.15-10-2020 3/3 the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the Chief Minister Relief fund.

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