Md. Anbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30180 of 2020 Arising Out of PS. Case No.-201 Year-2020 Thana- ARARIA District- Araria ====================================================== Md. Anbar Ali, Male, aged about 24 years, S/o Late Sarif Alam, Resident of Village-Naya Toli Jahanpur, P.S.-Baysi, Distt.-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2020 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 Araria (R.S.) P.S. Case No.201 of 2020 corresponding to Special Case No.294 of 2020 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

Patna High Court CR. MISC. No.30180 of 2020(2) dt.23-11-2020 2/3 no recovery from conscious possession of the petitioner rather 270 liters of foreign liquor has been recovered from the Bolera. The said vehicle belongs to the petitioner. He further submits that by wrongly in paragraph-9, he stated that the petitioner is the driver of the said vehicle. In place of owner, he mentioned that the petitioner is the driver of the said vehicle. He further submits that the petitioner is in jail custody since 09.03.2020 and petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition.

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, Araria in connection with Araria (R.S.) P.S. Case No.201 of 2020 correspnding to Special Case No.294 of 2020.

Patna High Court CR. MISC. No.30180 of 2020(2) dt.23-11-2020 3/3 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