Munna Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18710 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== MUNNA MIYA S/o Ali Akhtar @ Akhtar Miya Resident of VillageTrilokahata (Lakdi Dargah), P.S.-Barhariya, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. B.N. Pandey, 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 lock down 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 Sections 272 & 273 of the Indian Penal Code and Section 30(a) & 41 (i) of the Bihar Prohibition and Excise Act, 2016.

208.80 liters of foreign liquor is said to have been recovered from a marshal vehicle and the driver of the said vehicle was apprehended.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.18710 of 2020(2) dt.15-05-2020 2/2 animosity. The 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 been languishing in custody since 22.02.2020. Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees 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 Additional Sessions Judge-II-cum-Special Judge Excise, Siwan in connection with Siwan Muffasil P.S. Case No.89 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T