Ramesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27839 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== RAMESH KUMAR MAHTO S/o Ramchandar Mahto Resident of VillageMadhepur, P.S.-Hasanpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mrs. Jharkhandi Upadhayay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 petitioner 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 petitioner seeks bail in a case registered for the

Patna High Court CR. MISC. No.27839 of 2020(2) dt.06-11-2020 2/3 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 387.36 liters of foreign liquor is said to have been recovered from the Pickup van. He submits that petitioner is the driver of the said vehicle. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 07.06.2020. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) 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 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 2nd-cum-Special Judge, Excise, Samastipur in connection with Hasanpur P.S. Case No. 117 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.27839 of 2020(2) dt.06-11-2020 3/3 Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister Relief fund.

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