Bindu Sah @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24533 of 2020 Arising Out of PS. Case No.-1084 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== BINDU SAH @ BINOD KUMAR Son of Ram Chandra Sah Resident of Village - Rambag Chauri, P.S. - Mithanpura, District - Muzaffarpur, at present resident of Mohalla - Maina Gali Shukla Road, P.S. Town, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur,APP For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and learned APP for the State.

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 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 petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a), 36, 38 and 41 of the

Patna High Court CR. MISC. No.24533 of 2020(2) dt.23-09-2020 2/3 Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 588.41 liters of foreign liquor is said to have been recovered from the rented house of the petitioner. He submits that petitioner was not arrested at the place of occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 03.05.2020.

Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) 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 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Town Police Station Case No. 1084 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the Chief

Patna High Court CR. MISC. No.24533 of 2020(2) dt.23-09-2020 3/3 Minister Relief fund.

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