Sawaliya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30222 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- MASHRAK District- Saran ====================================================== SAWALIYA SINGH, Son of Bachcha Singh, Resident of Village and P.O.- Nawada, P.S.- Mashrakh, District - Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Binod Kumar-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2020 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 272/273 of the Indian Penal Code and Sections 30/30(a), 38/41 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. There is recovery of Total 44.55 liters of foreign liquor from the

Patna High Court CR. MISC. No.30222 of 2020(2) dt.24-11-2020 2/2 bathroom of the petitioner. The petitioner is in jail custody since 30.06.2020.

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

Petitioner is agreed to deposit a sum of Rs. 5,000/- (Rupees Five 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 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Saran at Chapra in connection with Mashrakh P. S. Case No. 128/2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund.

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