Abhiyanand Sharma @ Tinku Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19347 of 2020 Arising Out of PS. Case No.-592 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== ABHIYANAND SHARMA @ TINKU SHARMA Son of Late Sudarshan Sharma Resident of Village-Pokhraira, P.S.-Saraiya, District-Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== 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 defects, 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 Act, 2016.

1392.870 liters of foreign liquor is said to have been recovered from a Bolero pick up van as the said van in course of chase by the police met with an accident and the driver of the

Patna High Court CR. MISC. No.19347 of 2020(2) dt.09-06-2020 2/3 said vehicle managed to escape.

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 any trade of liquor. No incriminating article has been recovered from the conscious physical possession of the petitioner. He is not named in the F.I.R. As a matter of fact, her has been made accused in this case on the confessional statement of one Sanjay Chaudhary which has no evidentiary value in the eye of law. He has been languishing in custody since 05.03.2020.

Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten 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 Special Judge Excise, Muzaffarpur in connection with Saraiya (Jaidpur O.P.) P.S. Case No.592 of 2019.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.19347 of 2020(2) dt.09-06-2020 3/3 the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T