Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19814 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- DHURAIYA District- Banka ====================================================== 1.

NITISH KUMAR Son of Rajendra Pd. Gupta Resident of Village - Bhadrar, P.S.- and Distt.- Banka.

2.

Rajendra Pd. Gupta Son of Shiv Pujan Pd. Gupta. Resident of Village - Bhadrar, P.S.- and Distt.- Banka.

... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Humayun Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners 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 the office is directed to place the matter before the Bench for appropriate order.

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

15.540 liters of country made liquor is said to have

Patna High Court CR. MISC. No.19814 of 2020(2) dt.22-06-2020 2/3 been recovered from a bag which was kept on the motorcycle between the petitioners and they were apprehended. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have no concern with the seized liquor. They have been falsely implicated in this case by the police while they were passing from the place of occurrence at the time of occurrence some altercation took place with them due to non coughing up of illegal graft demanded by them. They have no criminal antecedent and have been languishing in custody since 19.02.2020.

Petitioners are agreed to deposit a sum of Rs.3000.00 (Rupees Three 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 petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Banka in connection with Dhoraiya P.S. Case No.46 of 2020.

Patna High Court CR. MISC. No.19814 of 2020(2) dt.22-06-2020 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.3000.00 (Rupees Three Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T