Ramesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18595 of 2020 Arising Out of PS. Case No.-64 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== RAMESH Son of Ful Singh Resident of Village - Rindhana, P.S.- Barauda, Distt - Sonipat (Haryana), India. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranvijay Singh, Advocate.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2020 This case has been posted before me for hearing through video-conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) (b) (c) (f), 37 and 41 of the Bihar Prohibition and Excise Act, 2016 and under Section 25 (1-b), a, 27 & 35 of the Arms Act.

3526.200 liters of foreign liquor is said to have been recovered from the truck and the driver of the truck (petitioner) was apprehended.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He has no concern either with the seized liquor or any trade of liquor. The

Patna High Court CR. MISC. No.18595 of 2020(2) dt.15-05-2020 2/2 petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner. He has no criminal antecedent and has been languishing in custody since 28.05.2019.

Petitioner is agreed to deposit a sum of Rs.25,000.00 (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.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 A.D.J.-II-cum-Special Judge Excise Act, Sitamarhi in connection with Mahindwara P.S. Case No.64 of 2019. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the PM Cares fund.

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