Ashish Johar @ Ashish Jauhari @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23730 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== Ashish Johar @ Ashish Jauhari @ Ashish Kumar, Male, aged about 36 years, Son of Sushil Kumar Saxena, Resident of 98, Chhapaiti, Police Station - Anupshahr, District - Buland Shahar, Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navendu Kumar, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== 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 Piyar P.S. Case No. 61 of 2020 registered for the offences punishable under Sections 272, 273 and 120B of the Indian Penal Code and Sections 30(a), 36 and 41 of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that on search, 3762 liters of foreign liquor has been recovered from the truck of the petitioner and petitioner is said to be the driver of the said truck. He further submits that there is no recovery from

Patna High Court CR. MISC. No.23730 of 2020(2) dt.21-09-2020 2/2 the cabin of the truck driver and petitioner has no any criminal antecedent. He further submits that the petitioner is in jail custody since 05.03.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.1,00,000/- (Rupees One Lac) 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, Muzaffarpur in connection with Piyar P.S. Case No. 61 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,00,000/- (Rupees One Lac) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T