Vijay Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18512 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== VIJAY SARDAR S/o Late Domai Sardar Resident of Village- Kaparpoda, Ward No.07, P.S.- Kursakanta, Distt- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-05-2020 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) of the Bihar Prohibition and Excise Act, 2016.

28.5 liters of Nepali Dilwale Soffy wine is said to have been recovered from the possession of the petitioner which was kept in a jute bag and petitioner was apprehended. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no

Patna High Court CR. MISC. No.18512 of 2020(2) dt.13-05-2020 2/3 concern with the seized liquor. He has been falsely implicated in this case by the police as some altercation took place with them due to non coughing up of illegal graft demanded by them. There is violation of Section 100 (4) Cr.P.C. He has no criminal antecedent and has been languishing in custody since 29.01.2020.

Petitioner is agreed to deposit a sum of Rs.3000.00 (Rupees Three 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 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Case No.119 of 2020, arising out of Kursakanta P.S. Case 16 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.3000.00 (Rupees Three Thousand) in the PM Cares fund. Since there is a lockdown, the Court has considered it

Patna High Court CR. MISC. No.18512 of 2020(2) dt.13-05-2020 3/3 appropriate to adopt the following procedures for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be signed by me digitally and transmitted through my e-mail I.D. to Secretary for needful, which shall be treated to be authentic copy of the order passed by this Court today in the present proceeding. (iii) Hard copy of the order signed by me, shall be preserved in my residential office for documentation and for future use, if any.

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