Kailash Kumar @ Kailash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25590 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

KAILASH KUMAR @ KAILASH CHAUDHARY, 2.

Ranjit Kumar, Both S/o Late Ashok Chaudhary, Resident of Narayanpur, P.S.-Barbigha, District-Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr.Laxmikant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 30 (a)/ 30 (d) of the Bihar Prohibition and Excise Act.

Allegation against the petitioners is of manufacturing

Patna High Court CR. MISC. No.25590 of 2020(2) dt.30-09-2020 2/3 and selling illegal country made liquor.

Learned counsel for the petitioners that there is no recovery from the conscious possession of the petitioners. There is recovery of Total 06 liters of country made liquor and utensils from the roof of the petitioners' house and the house is joint family property. The petitioners are in jail custody since 17.06.2020.

Learned APP for the State opposed the prayer for bail petition.

Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) each in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-II, Sheikhpura in connection with Excise Case No.177/2020 arising out of Barbigha P.S. Case No. 150 of 2020. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.25590 of 2020(2) dt.30-09-2020 3/3 Rs.5,000/ (Rupees Five Thousand) each in the Chief Minister Relief Fund.

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