Mikin Kumar @ Suresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21596 of 2021 Arising Out of PS. Case No.-807 Year-2020 Thana- SONEPUR District- Saran ====================================================== Mikin Kumar @ Suresh Rai Son of Nanda Rai @ Krishna Rai Resident of Village - Baburbani, P.S.- Sonpur, District - Saran (Bihar). ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2021 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 connection with Sonepur P.S. Case No. 807 of 2020 registered for the offence punishable under Section 30 (a), 38, 40 (1) 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 2327.115 of illegal foreign made liquor is said to have been recovered from Gangajal Diyara which is an open place. He has no concern either with the seized liquor or the
Patna High Court CR. MISC. No.21596 of 2021(2) dt.02-07-2021 2/3 place of recovery or any trade of liquor. He submits that the aforesaid place of recovery i.e. Gangajal Diyara is far away from petitioner's village Baburbani but the police has falsely been implicated the petitioner in this case because he is not ready to fulfill the illegal demand of Police. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 16.12.2020.
Petitioner is agreed to deposit a 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 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 Sonepur P.S. Case No. 807 of 2020 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
Patna High Court CR. MISC. No.21596 of 2021(2) dt.02-07-2021 3/3 case of 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. 25,000 (Rupees Twenty Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T