Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27815 of 2020 Arising Out of PS. Case No.-212 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Manjay Kumar, aged about 24 years, Gender- Male, Son of Gagandeo Rai 2.

Abhishek Kumar @ Chanchal Kumar, aged about 23 years, Male, S/o Kaushal Kishore Rai, both Resident of Village- Lahsurka, P.S.- Tariyari Chhapra, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar, Advocate For the State :

Mr.Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2020 Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioners 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.

Heard the parties through virtual court proceeding. The petitioners seek bail in connection with Minapur P.S. Case No.212 of 2020 registered for the offences punishable under Sections 272, 273, 414, 120(B)/34 of the Indian Penal Code and Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.27815 of 2020(2) dt.04-11-2020 2/3 Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 2653.200 liters of foreign liquor has been recovered from the Bolero. Learned counsel for the petitioners further submits that the driver of the Bolero has been granted bail by this Coordinate Bench of this Court. He further submits that the petitioners have got no any criminal antecedent mentioned in paragraph-3 of the bail petition. The petitioners are in jail custody since 14.06.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand) each 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 petitioners be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Minapur P.S. Case No.212 of 2020.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.27815 of 2020(2) dt.04-11-2020 3/3 Rs.15,000/- (Rupees Fifteen Thousand) each in the CM Relief Fund.

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