Feku Sawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30240 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== FEKU SAWA Son of Rama Saw Resident of Jora Fatak, Chanwari, P.S.- Dhansar, District - Dhanbad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner 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 petitioner 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 petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.30240 of 2020(2) dt.25-11-2020 2/3 333 liters of foreign liquor is said to have been recovered from a Tata Magic vehicle and the petitioner was apprehended. Petitioner is the driver of the aforesaid vehicle. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or any trade or liquor. He has been falsely implicated in this case by the police. No incriminating article has been recovered from the conscious physical possession of the petitioner. It is further submitted that the petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent and has been languishing in custody since 19.06.2020.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) 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 petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.30240 of 2020(2) dt.25-11-2020 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jamui in connection with Complaint Case No. 137C2/2020 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the Chief Minister's Relief Fund, Bihar.

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