Surya Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27556 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- BARUN District- Aurangabad ====================================================== 1.

SURYA PRAKASH RAM Son of Basant Ram Resident of Village - Handala Pipra Kochar, P.S.- Barun, District - Aurangabad 2.

Rahul @ Batla Son of Chhotelal Resident of Village - Godhiya, P.S.- Tati Maliya, District - Hazaribag (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Adv For the Opposite Party/s :

Mr.Shailendra Kumar No. 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2020 Heard learned counsel for the petitioners and learned APP 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 petitioners 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 petitioners seek bail in a case registered for the offence punishable under Sections 30 of the Bihar Excise and

Patna High Court CR. MISC. No.27556 of 2020(2) dt.21-10-2020 2/3 Prohibition Act, 2018.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 339 liters of country made liquor is said to have been recovered from the house of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 07.06.2020.

Petitioners are agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) each in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with Barun P.S. Case No. 92 of 2020, G.R. No. 431 of 2019.

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.27556 of 2020(2) dt.21-10-2020 3/3 Rs.15,000.00 (Rupees Fifteen Thousand) each in the Chief Minister Relief fund.

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