Shailesh Kumar @ Shalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24130 of 2020 Arising Out of PS. Case No.-302 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

SHAILESH KUMAR @ SHALO 2.

Chunchun Kumar both S/o Late Ramanand Singh R/o Vill.- Ratanpur- Ward No.20, P.S.- Begsarai Nagar (Ratanpur O.P.), District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor 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 within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 420 of the

Patna High Court CR. MISC. No.24130 of 2020(3) dt.06-11-2020 2/3 Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 25.500 liters of foreign liquor is said to have been recovered from the house of co-accused Vikash Kumar @ Fucharu Singh. He submits that the petitioners have been made accused in this case as they are the brothers of the co-accused Vikash Kumar @ Fucharu. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail petition.

Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the facts and circumstances of the case, let the petitioners, above named, in the event of their 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 bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-

Patna High Court CR. MISC. No.24130 of 2020(3) dt.06-11-2020 3/3 Special Judge, Excise Act, Begusarai in connection with Begusarai Nagar (Ratanpur OP) P.S. Case No. 302 of 2018. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) each in the Chief Minister Relief fund.

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