Indra Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24468 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== Indra Bhushan Kumar, Male, aged about 41 years, Son of Shailendra Mishra @ Shailendra Kumar, Resident of Village - Kachor, Police Station - Kanhauli, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the State :

Mr.Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2020 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 seeks bail in connection with Kanhauli P.S. Case No. 29 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(A), of the Bihar Prohibition & Excise Act (Amendment), 2018. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 198 liters of foreign liquor has been recovered from the

Patna High Court CR. MISC. No.24468 of 2020(2) dt.21-09-2020 2/2 Car. Petitioner is said to be the driver of the said Car. He further submits that the petitioner is in jail custody since 04.03.2020 and petitioner has no any criminal antecedent mentioned in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten 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 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 dA.D.J.II Cum Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 29 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T