Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27811 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Murari Kumar, aged about 22 years, Male, Son of Siyaram Yadav, Resident of Village- Ganeshpur, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the State :

Mr.Bisheshwar Ram, 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 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.

Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Excise Complaint Case No. 38 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 394.2 liters of foreign liquor has been recovered from the Pick-upVan. He further submits that the petitioner is the driver of the said Pick-up-Van and the petitioner is in jail custody since 17.06.2020. He further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition.

Patna High Court CR. MISC. No.27811 of 2020(2) dt.04-11-2020 2/2 Petitioner is agreed to deposit a sum of Rs.20,000/- (Rupees Twenty 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 Additional Sessions Judge-II, Banka in connection with Excise Complaint Case No. 38 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000/- (Rupees Twenty Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T