The High Court granted bail to the petitioner in a case regarding the recovery of foreign liquor, allowing release upon furnishing a bail bond and depositing a sum in the PM Cares Fund due to the COVID-19 pandemic.
Petitioner released on bail via Rs. 20,000 bond with sureties and Rs. 5,000 deposit in PM Cares Fund.
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.32648 of 2020
Arising Out of PS. Case No.-63 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai
====================================================== MANOHAR KUMAR S/o Late Mahendra Prasad Yadav Resident of VillageKharhat, P.S-Sahebpur Kamal, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Gautam, Adv. For the Opposite Party/s : Mr.Tarkeshwar Nath Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 11-12-2020
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 undertake to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner
Patna High Court CR. MISC. No.32648 of 2020(2) dt.11-12-2020 2/2
rather 43.100 liters of foreign liquor is said to have been recovered from the courtyard. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 06.03.2020.
Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Cum-Special Judge, Excise, Begusarai in connection with Case No. 63C2 of 2020.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares Fund.
(Anjani Kumar Sharan, J)
devendra/- U T
1 issue framed by the court
Whether the petitioner be released on bail in a case involving an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Manohar 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
