Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27092 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== Amod Kumar, aged about 35 years, Male, S/o Ramesh Paswan, Resident of Village-Baltharwa, P.S.-Piprakothi, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the State :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-11-2020 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 apprehends his arrest in connection with Piprakothi P.S. Case No. 167 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 24.4 liters of country made liquor has been recovered from behind of the Aaganbadi centre and after seeing the police force, the petitioner fled away. He further submits the petitioner has got no any criminal antecedent and petitioner has falsely

Patna High Court CR. MISC. No.27092 of 2020(2) dt.26-11-2020 2/2 been implicated in the present case.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.5,000/- (Rupees 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, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, 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 7th Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 167 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T