Rupesh Kumar @ Teni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27542 of 2020 Arising Out of PS. Case No.-305 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== RUPESH KUMAR @ TENI Son of Late Abhinandan Singh, Resident of Village- Harpur Gachhi tola, P.S.- Barauni (Refinery), District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Ramsewak Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2020 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 30 (a) and 40 (i) (2) of the Bihar Prohibition and Excise Act, 2018.
Allegation against the petitioner is of selling and purchasing the illegal wine.
Patna High Court CR. MISC. No.27542 of 2020(2) dt.20-10-2020 2/3 Learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner. There is recovery of Total 92.880 liters of foreign liquor from the house of the petitioner and the house is joint family property. He further submits that the petitioner has been made accused in this case on the basis of information given by the S.H.O. of Teghra P. S. who was intentionally dragged the petitioner in this case when the petitioner was not fulfilled his illegal demand. The petitioner is in jail custody since 18.08.2020. Learned APP for the State opposed the prayer for bail petition.
Petitioner is agreed to deposit a sum of Rs. 15,000/- (Rupees Fifteen 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 Addl. Sessions Judge cum Special Judge, Excise Act, Begusarai in connection with Barauni (Refinery) P. S. Case No. 305/2020.
Patna High Court CR. MISC. No.27542 of 2020(2) dt.20-10-2020 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 Chief Minister Relief Fund.
(Anjani Kumar Sharan, J) amitkumar/- U T