Dularchand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24119 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Dularchand Yadav S/O Rohi Yadav @ Rohit Prasad Resident of Village - Kajichak, P.S. - Magadh University, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2020 The Court proceeding has been conducted through virtual mode.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Since the court proceeding in physical mode is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the

Patna High Court CR. MISC. No.24119 of 2020(2) dt.08-10-2020 2/3 Bihar Prohibition and Excise Act, 2016 as amended by Act 8 of 2018.

It is alleged that one litre of Indian made foreign liquor has been recovered the house of the petitioner. It is submitted by learned counsel for the petitioner that the recovery has not been made from conscious physical possession of the petitioner rather the same has been made from the joint family house. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

The petitioner is agreed to deposit a sum of Rs.2,000/- (Rupees Two Thousand) in Chief Minister Relief Fund, Bihar bearing Account No. 2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Learned APP opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.24119 of 2020(2) dt.08-10-2020 3/3 Special Judge, Excise, Gaya in connection with Magadh University P.S. Case No. 19 of 2020, subject to the conditions 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.2,000/- (Rupees Two Thousand) in Chief Minister Relief Fund.

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