Ganesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24179 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== GANESH PANDIT Son of Mohan Pandit Resident of Village - Mahna, P.S.- Motipur, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2020 Heard learned counsel for the petitioner and learned A.P.P. 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 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 apprehends his arrest in a case registered for the offences punishable under Section 30 (a), 41

(1) (2) of the Bihar Prohibition and Excise Act, 2016. Acting on a tip-off when the police party reached

Patna High Court CR. MISC. No.24179 of 2020(2) dt.09-10-2020 2/3 near the house of the petitioner, 3.600 liters of foreign liquor is said to have been recovered from a white bag thrown by the petitioner in course of escaping.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The place of recovery of is an open place and easily accessible to anyone. Petitioner has no criminal antecedent.

Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Special Judge Excise, Muzaffarpur in connection with Motipur

Patna High Court CR. MISC. No.24179 of 2020(2) dt.09-10-2020 3/3 P.S. Case No. 61 of 2020, subject to the condition as 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.5,000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund.

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