Ramdeo Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26384 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Ramdeo Choudhry, aged about 33 years, Male, Son of Bihari Choudhary, Resident of Village- Gulzar Bigha, Dhanchari Pokhar, P.S. - Rajgir, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Advocate For the State :

Mr.Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2020 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 seeks bail in connection with Rajgir P.S. Case No. 34 of 2020 registered for the offences punishable under Sections 30(a) (b) and 37(b) (c) 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

Patna High Court CR. MISC. No.26384 of 2020(2) dt.12-10-2020 2/3 rather 266.9 liters of foreign liquor has been recovered from the house of the petitioner. He further submits that the said house belongs to the joint family and all family members have been made accused. Other co-accused have been granted bail by this Co-ordinate Bench of this Court. He further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition and petitioner is in jail custody since 12.03.2020.

Learned A.P.P. for the State opposed the bail petition. 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 Court of Dist. & Sessions Judge-III-cum-Special Judge (Exc ise), Nalanda (Biharsharif) in connection with Rajgir P.S. Case No. 34 of 2020.

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

Patna High Court CR. MISC. No.26384 of 2020(2) dt.12-10-2020 3/3 Rs.20,000/- (Rupees Twenty Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T