Granting anticipatory bail to the petitioner in a case concerning unlawful possession of liquor, subject to furnishing bail bonds and a deposit in the Chief Minister Relief Fund.
Petitioner shall be released on anticipatory bail by furnishing bonds of Rs. 25,000 with two sureties on depositing Rs. 5,000 in the Chief Minister Relief Fund.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22616 of 2020
Arising Out of PS. Case No.-31 Year-2020 Thana- MINAPUR District- Muzaffarpur
======================================================
RAMESH KUMAR S/o Vishwanath Prasad @ Bijali Prasad, Resident of Village-Mustafaganj, P.S-Minapur, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Anand Kishore Chaudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 07-10-2020
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 is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30 (a), 41(i) of the Bihar Prohibition and Excise Act.
Prosecution case in short is that during course of
Patna High Court CR. MISC. No.22616 of 2020(2) dt.07-10-2020 2/3
evening patrolling with other police officials at Ali Neora Chowk the informant saw one Maruti car coming from the opposite side and it is further alleged that having a look of the police party altogether three persons started fleeing away after getting down from the above stated Maruti car and all of them succeeded in fleeing even after chase by the police.
Learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. He further submits that his name has transpired on the basis of identification being made by the local Chawkidar. There is no recovery from the conscious possession of the petitioner. There is recovery of total 6.750 liters of English wine from the Maruti car and the said Maruti Car does not belong to the petitioner. The petitioner has got no criminal antecedent.
Learned APP for the State opposes the bail petition. Petitioner is agreed to deposit a sum of Rs. 5,000/(Rupees Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.
In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court CR. MISC. No.22616 of 2020(2) dt.07-10-2020 3/3
surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds 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, Muzaffarpur in connection with Minapur P. S. Case No. 31/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (Rupees Five Thousand) in the Chief Minister Relief Fund.
(Anjani Kumar Sharan, J)
amitkumar/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence under Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
Whether granting bail upon deposit in the Chief Minister Relief Fund as a condition.
5 provisions across 3 enactments
Ramesh Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
