Chhotu Ram Rabidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18390 of 2021 Arising Out of PS. Case No.-1018 Year-2020 Thana- ARARIA District- Araria ====================================================== CHHOTU RAM RABIDAS SON OF SHANKAR RABIDAS RESIDENT OF VILLAGE- CHAMPASARI- SILLIGURI, P.S- PRADHAN NAGAR, DIST- DARJILING (WEST BENGAL) ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur For the Opposite Party/s :
Mr. Manoj Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2021 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 a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
766.425 liters of foreign liquor is said to have been recovered from a pick up van and the petitioner is driver of the said vehicle.
Patna High Court CR. MISC. No.18390 of 2021(2) dt.01-07-2021 2/3 It is submitted by learned counsel for the petitioner 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 the place of recovery or any trade of liquor. He has been falsely implicated in this case. He was plying the vehicle at the instruction of his owner without knowing the contents ladden therein. Petitioner has no criminal antecedent and has been languishing in custody since 13.12.2020.
Petitioner is agreed to deposit a sum of Rs.20,000.00 (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 the 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 the learned Court below where the case is pending/successor Court in connection with Araria P.S. Case No. 1018 of 2020, corresponding to Special Case No.1053 of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.18390 of 2021(2) dt.01-07-2021 3/3
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T