Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19382 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== DHARMENDRA YADAV Son of Ramnath Yadav @ Chirkut Yadav Resident of Village - Koeini, P.S. Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office within two weeks of normal functioning of the Court after the lockdown, failing which, office is directed to place the matter before the Bench for appropriate order.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

5097.600 liters of foreign liquor is said to have been recovered from a truck and the petitioner managed to escape.

Patna High Court CR. MISC. No.19382 of 2020(2) dt.09-06-2020 2/3 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or the truck in question or any trade of liquor. He has been falsely implicated in this case. Petitioner was neither arrested from the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has been made accused in this case on the confessional statement of driver of the truck which has no evidentiary value in the eye of law. He has been languishing in custody since 25.02.2020.

Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty 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 2ndAdditional Sessions Judge-cum-Special Judge Excise, Gopalganj in connection with Excise P.S. Case No.227 of 2019. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.19382 of 2020(2) dt.09-06-2020 3/3 the learned Court below on showing receipt of deposit of Rs.30,000.00 (Rupees Thirty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T