Md. Muslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24206 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Md. Muslim, Male, aged about 50 years, Son of Md. Sattar, Resident of Gandhi Nagar, P.S. Sadar, Distt. Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2020 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 apprehends his arrest in connection with Purnea Excise Case C1-93 of 2020 registered for the offence punishable under Section 30(a) of the 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 12 liters of country made liquor has been recovered from the Varanda of the petitioner. He however submits that the house

Patna High Court CR. MISC. No.24206 of 2020(2) dt.14-10-2020 2/2 belongs to the joint family and the petitioner has got no any criminal antecedent.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.4,000/- (Rupees Four 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, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, 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 Special Judge, Excise, Purnea in connection with Purnea Excise Case C1-93 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.4,000/- (Rupees Four Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T