Bhikhar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25620 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== BHIKHAR MAHTO, S/o Gagandev Mahto, Resident of Village-Bokanekala, P.S-Patahi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 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 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 126 liters of Nepali Kasturi wine from the motorcycle of the petitioner. The petitioner is in jail custody since

Patna High Court CR. MISC. No.25620 of 2020(2) dt.30-09-2020 2/2 24.03.2020. The petitioner has got fair 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, East Champaran at Motihari in connection with Ghorasahan (Jharokhar) P. S. Case No. 106/2020.

The bail bond of the petitioner shall be accepted by 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