Abishak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25599 of 2020 Arising Out of PS. Case No.-122 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

ABISHAK KUMAR, S/o Surnedar Yadav, 2.

Om Ji, S/o Sachida Yadav, Both are Residents of Village-Birajpur Pukharia, P.S-Laraitar, DistrictMunger. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Adv.

For the Opposite Party/s :

Md. Mustque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 Heard learned counsel for the petitioners 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 petitioners 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 petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Patna High Court CR. MISC. No.25599 of 2020(2) dt.30-09-2020 2/3 Allegation against the petitioners is of smuggling the illicit wine.

Learned counsel for the petitioners that there is no recovery from the conscious possession of the petitioners. There is recovery of Total 75 liters of Mahua liquor from the motorcycle. The motorcycle and the said liquor does not belong to the petitioners. The petitioners are in jail custody since 26.06.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State opposed the prayer for bail petition.

Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) each 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 petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-IInd cum Special Judge, Lakhisarai in connection with Suragarha (Manikpur) P. S. Case No. 122 of 2020.

Patna High Court CR. MISC. No.25599 of 2020(2) dt.30-09-2020 3/3 The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) each in the Chief Minister Relief Fund.

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