Ram Pravesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24553 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== Ram Pravesh Sahani, aged about 25 years, Son of Sukan Sahani, Resident of Village- Khauna, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the State :

Mr.Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-09-2020 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 Harlakhi P.S. Case No. 181 of 2019 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner submits that ther is no recovery from the conscious possession of the petitioner rather 611.400 liters of Nepali wine has been recovered from Sumo Victa vehicle and the petitioner is not named in the F.I.R. During investigation, the petitioner is the driver of the said

Patna High Court CR. MISC. No.24553 of 2020(2) dt.24-09-2020 2/2 Sumo Victa vehicle. He further submits that the petitioner is in jail custody since12.03.2020 and petitioner has got no any criminal antecedent 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.20,000/- (Rupees Twenty 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 2nd Additional Sessions Judge-Cum-Special Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 181 of 2019. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000/- (Rupees Twenty Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T