The High Court at Patna released the petitioner on bail in a case involving cheating, criminal conspiracy, and excise violations. The court directed the deposit of Rs. 25,000 in the CM Relief Fund by way of a bond with two sureties.
The petitioner is released on bail on furnishing a bond of Rs. 25,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25624 of 2020
Arising Out of PS. Case No.-376 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Anshu Kumar, Male, aged about 29 years, Son of Wakil Singh, Resident of Village - Iniyar, P.S. - Begusarai Muffasil, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey, Advocate For the State : Mr.Prem Kumar Jha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 01-10-2020
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 Begusarai Tkown P.S. Case No. 376 of 2020 registered for the offences punishable under Sections 420, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is
Patna High Court CR. MISC. No.25624 of 2020(2) dt.01-10-2020 2/3
no recovery from the conscious possession of the petitioner rather 756 liters of foreign liquor, 24 bags of rice and cash Rs.10,000/- (ten thousand only) with two mobile phones have been seized and recovered from the Pick Up Van. Learned counsel for the petitioner further submits that the petitioner is the driver of the said Pick Up Van. He further submits that the petitioner is in jail custody since 24.07.2020 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.25,000/(Rupees Twenty Five 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Begusarai Town P.S. Case No. 376 of 2020.
The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.25624 of 2020(2) dt.01-10-2020 3/3
the learned Court below on showing receipt of deposit of Rs.25,000/- (Rupees Twenty Five Thousand) in the CM Relief Fund.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
2 issues framed by the court
Whether the petitioner shall be released on bail in connection with the assault case.
Whether the conditions for bail, including bond and sureties, are satisfied.
3 provisions across 2 enactments
ANSHU 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
