Nagendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21590 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Nagendra Mahto, aged about 35 years, Male, Son of Late Sukhari Mahato, Resident of Village- Parsa, P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the State :
Mr.Ram Anurag Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2020 Learned counsel for the petitioner undertakes to remove the defect 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.
Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 29 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is that 216 liters of country made liquor has been recovered from the bag. Learned counsel for the petitioner submits that there is
Patna High Court CR. MISC. No. 21590 of 2020(2) dt.06-07-2020 2/3 no recovery from the conscious possession of the petitioner rather 216 liters of country made liquor has been recovered from the bag. Learned counsel for the petitioner further submits that the bag does not belong to the petitioner. Learned counsel for the petitioner further submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 13.02.2020. 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 bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Special Judge. Excise, East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 29 of 2020. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No. 21590 of 2020(2) dt.06-07-2020 3/3 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 T