Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27141 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== AJAY KUMAR SINGH, Son of Kailash Singh, Resident of Village - Arniya, P.S.- Jandaha, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Akshaylal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 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 that there is no recovery from the conscious possession of the

Patna High Court CR. MISC. No.27141 of 2020(2) dt.27-11-2020 2/3 petitioner. There is recovery of Total 165.21 liters of foreign liquor from the Bolero vehicle and the said vehicle does not belong to the petitioner. On the basis of confessional statement of co-accused the petitioner has been made accused in this case. The petitioner has got no criminal antecedent. Learned APP for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten 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, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 09/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.27141 of 2020(2) dt.27-11-2020 3/3 the learned Court below on showing receipt of deposit of Rs. 10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T