Nishu @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28628 of 2020 Arising Out of PS. Case No.-281 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== NISHU @ RAVI KUMAR, Son of Krishna Prasad, Resident of Mohalla - Kadam Kuan Gali No. 1, P.S.- Gandhi Maidan, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Arvind Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner 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 petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016 and 414 of the Indian Penal

Patna High Court CR. MISC. No.28628 of 2020(2) dt.11-11-2020 2/3 Code.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 139.5 liters of foreign liquor from the Safari car and the petitioner is the driver of the said vehicle. The petitioner is in jail custody since 15.05.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposed the prayer for bail petition.

Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Special Case No. 3518/2020 arising out of Patrakar Nagar P. S. Case No. 281/2020.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.28628 of 2020(2) dt.11-11-2020 3/3 the learned Court below on showing receipt of deposit of Rs. 10,000/ (Rupees Ten Thousand) in the Chief Minister Relief Fund.

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