Shravan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15026 of 2021 Arising Out of PS. Case No.-249 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== SHRAVAN SINGH S/o Late Biranchi Singh @ Late Amirchand Singh Resident of Village- Navada, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar, Adv.
For the Opposite Party/s :
Mr.Md.Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal 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 connection with Beldaur P.S. Case No.249 of 2019, G.R. No.3539 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Altogether 524 liters of foreign liquor is said to have been recovered from a tractor.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.15026 of 2021(2) dt.29-06-2021 2/3 petitioner is quite innocent and has not committed any offence as alleged in the F.I.R. It is further submitted that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He is not named in the FIR rather his name appeared in the case on the statement of the co-accused arrested person. The petitioner has not been arrested on the spot. Petitioner has been falsely implicated in this case due to ill motive of police personnel. Similarly situated co-accused Supari Singh, Sanjay Singh and Rajkumar Singh have been granted bail by a co-ordinate Bench of this court vide Cr. Misc. No.14313 of 2020 dated 02.03.2020. Petitioner has no criminal antecedent and has been languishing in custody since 27.11.2020.
Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten 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.
Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with
Patna High Court CR. MISC. No.15026 of 2021(2) dt.29-06-2021 3/3 two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Khagaria, in connection with Beldaur P.S. Case No.249 of 2019, G.R. No.3539 of 2019 with the following conditions:- (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T