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Patna High CourtCR. MISC./28625/2020allowed

Rustam Kumar Yadav v. The State Of Bihar

2020-11-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28625 of 2020 Arising Out of PS. Case No.-108 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Rustam Kumar Yadav, aged about 20 years, Male, Son of Late Naresh Kumar Yadav, R/o Village- Malangwa, Ward No. 8, P.S.- Malangwa, District- Sarlahi, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the State :

Mr.Arvind Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2020 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 C2-108 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is recovery of 252 liters of Nepali Saufi from possession of the

Patna High Court CR. MISC. No.28625 of 2020(3) dt.10-11-2020 2/2 petitioner and petitioner has got no any criminal antecedent. Petitioner is in jail custody since 10.02.2020. Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Sitamarhi in connection with C2-108 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000/- (Rupees Fifteen Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T