Abhimanyu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19856 of 2020 Arising Out of PS. Case No.-337 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Abhimanyu Singh, aged about 42 years, Male, Son of Nand Singh, Resident of Village- Baluwa, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2020 Heard the parties through the virtual court proceeding.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 337 of 2019 registered for the offences punishable under Sections 272, 273, 188, 308, 420/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case in short is that SHO Harsidhi has recorded his self statement that on 03.10.2019 on a secret information he along with other officials reached Dhankairya Tola and recovered 1289.940 liters of foreign liquor from the outside of the house.

Patna High Court CR. MISC. No.19856 of 2020(3) dt.29-06-2020 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery from the conscious possession of the petitioner. The name of the petitioner has come in the present case on the basis of disclosure made by the villagers and during the course of investigation, nothing has come in the record to connect the petitioner in the present case. He further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 04.03.2020 passed in Cr. Misc. No.5895 of 2020 and petitioner is in jail custody since 21.02.2020.

Learned A.P.P. for the State opposed the bail petition.

Petitioner is agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen 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

Patna High Court CR. MISC. No.19856 of 2020(3) dt.29-06-2020 3/3 bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of 9th Additional District and Sessions Judge Cum Special Judge, Excise, East Champaran in connection with Harsidhi P.S. Case No. 337 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000/- (Rupees Fifteen Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U