Chhote Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28719 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- NADI P.S. District- Patna ====================================================== 1.

CHHOTE LAL KUMAR Son of Late Lagan Rai Resident of Mohalla - Miranipur Ward No. 2, P.S.- Raghopur, District - Vaishali. 2.

Doman Kumar Son of Lala Roy Resident of Village - Jamalpur, P.S.- Raghopur, District - Vaishali ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2020 Heard learned counsel for the petitioners and learned APP for the State through video-conferencing. . 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, as pointed out by the office, 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 Section 30(a) of the Bihar Prohibition

Patna High Court CR. MISC. No.28719 of 2020(2) dt.13-11-2020 2/3 and Excise Act, 2016.

100 liters of country made liquor is said to have been recovered from the tempo. Petitioner no. 1 was driving the tempo and petitioner no.2 was sitting besides him. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have no concern with the seized liquor or any trade of liquor. No incriminating article has been recovered from their conscious physical possession. They have been falsely implicated in this case by the police as some altercation took place with them due to non coughing up of illegal graft demanded by them. They have no criminal antecedent and have been languishing in custody since 15.05.2020.

Petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna in connection with Nadi

Patna High Court CR. MISC. No.28719 of 2020(2) dt.13-11-2020 3/3 P.S. Case 8 of 2020.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) each in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J.) Trivedi/- U T