Kamlesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27167 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== KAMLESH KUMAR SINGH, Son of Suresh Singh @ Sauresh Singh, Resident of Mohalla- Flat No.TF-2, Vastu Bihar, Phase- 2, Chas, P.S.- Chas, District- Bokaro (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner 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 petitioner 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 petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.27167 of 2020(2) dt.04-12-2020 2/3 that there is no recovery from the conscious possession of the petitioner. Rather, there is recovery of total 892 liters of foreign liquor from the Bolero vehicle and the petitioner is the owner of the said vehicle. The petitioner has no concern with the alleged recovered articles. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail application. Learned APP for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) in the PM Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
In the aforesaid facts and circumstances of the case, 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 bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Banka in connection with Excise Case No.17/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.27167 of 2020(2) dt.04-12-2020 3/3 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 PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T