Satrudhan Ram @ Satrughan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32770 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== 1.
Satrudhan Ram @ Satrughan Ram S/o Vilas Ram 2.
Md. Tabarak S/o Md. Manir both R/o Village - Harinagar, P.S. - Nanpur, District - Sitamarhi.
3.
Nikhil Mishra S/O Vinay Mishra R/o Village - Sirsi, P.S. - Nanpur, District - Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vagisha Pragya Vacaknavi, Adv.
For the Opposite Party/s :
Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within three 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 a case registered for the offence punishable under Sections 30/38/41 of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious
Patna High Court CR. MISC. No.32770 of 2021(2) dt.21-08-2021 2/3 possession of the petitioners rather 777.600 liters of foreign liquor is said to have been recovered from the house of the petitioners. He submits that petitioner no. 1 was apprehended at the spot and he disclosed the name of petitioner nos. 2 and 3. He submits that petitioner no. 1 has clear antecedent and petitioner nos. 2 and 3 have one criminal antecedent as stated in para-3 of the bail application. He submits that petitioner no. 1 is languishing in judicial custody since 09.01.2021 and petitioner nos. 2 and 3 are in judicial custody since 08.01.2021. Petitioners are agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) each 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.
In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Nanpur P.S. Case No. 10 of 2021, subject to the conditions:
(1) One of the bailors would be close relative of the
Patna High Court CR. MISC. No.32770 of 2021(2) dt.21-08-2021 3/3 petitioners having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioners.
(2) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of their bail bonds. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000.00 (Rupees Ten Thousand) each in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T