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Patna High CourtCR. MISC./24463/2020allowed

Rakesh Mahto @ Rajeev Ranjan v. The State Of Bihar

2020-09-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24463 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Rakesh Mahto @ Rajeev Ranjan, aged about 35 years, Male, Son of Maheshwar Mahto, Resident of Village-Malpur Agrail, P.S-Sakra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the State :

Mr.Ganesh Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2020 Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioner undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

The petitioner seeks bail in connection with Sakra P.S. Case No. 360 of 2019 registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The allegation against the petitioner is that the

Patna High Court CR. MISC. No.24463 of 2020(2) dt.21-09-2020 2/3 petitioner is trader of the liquor.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 1800 liters of foreign liquor has been recovered from t he truck. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 14.02.2020. Learned cousnel for the petitioner further submits that the petitioner is made accused in similar nature of the case, which is mentioned in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.25,000/- (Rupees twenty five thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank - IDBI, Branch - Kidwaipuri, Patna.

In the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 360 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.24463 of 2020(2) dt.21-09-2020 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) in the CM Relief Fund.

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