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Patna High CourtCR. MISC./11750/2020allowed

Bajrangi Saw v. The State Of Bihar

2020-03-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11750 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- SONO District- Jamui ====================================================== BAJRANGI SAW Son of Nepal Saw Resident of Village - Near Tina Godam, West Koiribandh, Jharia, P.S.- Jharia, Dist.- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 272 & 273 of the Indian Penal Code and Section 30 (a) & 41 of the Bihar Prohibition and Excise Act, 2016.

180 liters of foreign liquor is said to have been recovered from the auto rickshaw of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner was not apprehended at the spot. As a matter of fact, the petitioner is the owner of the said auto rickshaw and he has been given the same to his driver to ply

Patna High Court CR. MISC. No.11750 of 2020(2) dt.04-03-2020 2/2 the same. He has been falsely implicated in this case due to dirty village politics. He has no criminal antecedent. Petitioner is agreed to deposit Rs.20,000.00 (Rupees Twenty Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Jamui in connection with Sono P.S. Case No. 302 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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 Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T