Tulsi Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24247 of 2020 Arising Out of PS. Case No.-152 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== TULSI KEWAT S/o Late Kalicharan Kevat Resident of Village-Gangta, P.S.- Lakhisarai, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, 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 through virtual court proceeding.

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 47(A)(f) of

Patna High Court CR. MISC. No.24247 of 2020(2) dt.15-10-2020 2/3 the Bihar Excise Act.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 35 liters of Mahua liquor and 400kg Mahua Java has been recovered near the bank of pond of village. He submits that similar nature of case is pending against the petitioner as mentioned in para-3 of the bail petition.

Considering the fact that there is no recovery from the conscious possession of the petitioner and petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna, 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 Additional District and Sessions Judge-II-cum-Special Judge, Excise, Lakhisarai in connection with Excise Case No. 152C2/13, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.24247 of 2020(2) dt.15-10-2020 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief fund.

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