Jashvir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19935 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== 1.
Jashvir Singh Son Of Sunjan Singh R/O Village- Tondali, P.S.- Panjokhara, District- Ambala (HARIYANA).
2.
Sandeep Singh Son Of Gurmit Singh R/O Village- Tondali, P.S.- Panjokhara, District- Ambala (HARIYANA).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioners 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 petitioners seek bail in connection with Excise Case No. 1157 of 2020 arising out of Jandaha Police Station Case No. 247 of 2020 registered for the offence punishable under Section 30 (a), 38 (i) and 41(i) of the Bihar Prohibition and Excise Act. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical
Patna High Court CR. MISC. No.19935 of 2021(2) dt.01-07-2021 2/3 possession of the petitioners rather 2728.08 liters of Indian made foreign liquor is said to have been recovered from the Truck bearing registration No. TB 12 T 1891. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. He further submits that petitioner No. 1 is said to be the driver and petitioner No. 2 is said to be the cleaner of the said vehicle and they have no knowledge that what material was loaded on the truck. Petitioners have no criminal antecedent as has been mentioned in para-3 of the present petition and have been languishing in custody since 23.12.2020.
Petitioner No. 1 is agreed to deposit a sum of Rs. 50,000 (Rupees Fifty Thousand) and Petitioner No. 2 is agreed to deposit sum of Rs. 25,000 (Rupees Twenty 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.
Having regard to the facts and circumstances of case, let the above named petitioners, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No. 1157 of 2020 arising out of Jandaha P.S. Case No. 247 of 2020 subject to following conditions:
(1) One of the bailors will be own close relative of the
Patna High Court CR. MISC. No.19935 of 2021(2) dt.01-07-2021 3/3 petitioners who will give on affidavit genealogy as to how he is relative to petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused in any other case of similar nature after their 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 petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 50,000 (Rupees Fifty Thousand) by Petitioner No. 1 and Rs. 25,000 (Rupees Twenty Five Thousand) by Petitioner No. 2 in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T