Mantu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18430 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.
Mantu Chaudhary, Male, aged about 30 years, Son of Baleshwar Chaudhary, Resident of Village- Rediya, P.S.- Karahagar, District- Rohtas. 2.
Rajendar Lal, Male, aged about 35 years, Son of Late Awadh Vihari Lal, Resident of Village- Tilkapur, P.S.- Karahagar, District- Rohtas. 3.
Ravindra Kumar, Male, aged about 23 years, Son of Rasvihari Chaudhary, Resident of Village- Sarana, P.S.- Kochas, District- Rohtas. 4.
Mukesh Kumar, Male, aged about 20 years, Son of Budhram Yadav, Resident of Village- Tilkapur, P.S.- Karahagar, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== 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 petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Excise Case No.133 of 2020 arising out of P.R. No.41 of 2019-20 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Patna High Court CR. MISC. No.18430 of 2020(2) dt.13-05-2020 2/3 Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 84.750 litres of Royal Stag. foreign wine has been recovered from the dikki of the TATA Indigo Car. Learned counsel for the petitioners further submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners further submits that they have no criminal antecedent. Learned counsel for the petitioners further submits that the petitioners are in jail custody since 07.02.2020. Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs. 3,000/- (Rupees Three 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.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each only with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 3rd Cum Special Judge (Excise), Kaimur at Bhabhua in connection with Excise Case No.133 of 2020 arising out of P.R. No.41 of 2019-20.
Patna High Court CR. MISC. No.18430 of 2020(2) dt.13-05-2020 3/3 The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.3,000/- (Rupees Three Thousand) each in the PM Cares fund. Since there is a lockdown, the Court has considered it 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) Nasimul/- U T