Bulu Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32025 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- PARSA District- Saran ====================================================== BULU KUNWAR Son of Late Mathura Kunwar Resident of Village - Parsa Mathura, P.S. - Parsa, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2020 The office has pointed out several defects to which learned counsel for the petitioner assures that he shall remove the defects within four weeks from the date when Court starts physical function.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 15.04.2020 and seeks bail in connection with Parsa P.S. Case No.100 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Police got information that one Sikandra Rai was selling country made liquor illegally and having got the aforesaid information, police reached over the concerned place and petitioner was caught while he was fleeing from there and so far as Sikandar

Patna High Court CR. MISC. No.32025 of 2020(2) dt.08-12-2020 2/2 Rai is concerned, he managed to escape from there. However, it is stated that near about 104 liters of country made liquor were recovered.

Admittedly, the alleged recovery has not been made from conscious possession of the petitioner. Furthermore, para-3 of the petition goes to show that petitioner does not have any criminal antecedent.

Accordingly, petitioner above named, be released on bail provisionally till four weeks from the date when the Court starts physical function, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Second Additional Sessions Judge-cumSpecial Judge (Excise), Saran at Chapra in connection with Parsa P.S. Case No.100 of 2020.

However, it is made clear that if, petitioner removes the defects within the above stated period, the provisional bail shall be deemed to be confirmed.

(Hemant Kumar Srivastava, J) Prakash Narayan /- U T