Minku Singh @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18318 of 2021 Arising Out of PS. Case No.-98 Year-2019 Thana- MURAR District- Buxar ====================================================== Minku Singh @ Jitendra Singh Son Of Gopal Ji Singh Resident Of VillageAmsari, P.S.- Murar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2021 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 CIS Excise 1371 of 2019 (Murar P.S. Case No. 98 of 2019) registered for the offence punishable under Section 272, 273 of the I.P.C and 30 (a) of the Bihar Prohibition and Excise Act.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 2592 liters of illicit foreign liquor is said to have been recovered from the house of Sudama Paswan and

Patna High Court CR. MISC. No.18318 of 2021(2) dt.30-06-2021 2/3 Sonu Paswan. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case due to non fulfillment of illegal demand by the I.O. of this case. Petitioner has three criminal antecedents out of which two is of similar nature as has been mentioned in para-3 of the present petition and has been languishing in custody since 11.11.2020.

Petitioner is agreed to deposit a sum of Rs. 20,000 (Rupees Twenty 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 two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with CIS Excise 1371/2019 (Murar P.S. Case No. 98/2019) subject to 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of

Patna High Court CR. MISC. No.18318 of 2021(2) dt.30-06-2021 3/3 similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/- (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T