Ankit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31419 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== 1.

ANKIT RAJ, aged about 19 years, Male, S/o- Ranjeet Chaudhary, R/oGurupati Chak, P.S.- Masaurhi, Distt- Patna. 2.

RISHU KUMAR, aged about 19 years, Male, S/o Awdhesh Singh, R/oSikandarpur, P.S.- Masaurhi, Distt- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.31419 of 2021(2) dt.21-08-2021 2/3 case. He submits 100 liters of country made liquor is said to have been recovered from the conscious possession of the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 05.03.2021. Petitioners are agreed to deposit a sum of Rs.5,000/- (rupees five thousand) each 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.

In the facts and circumstances of the case, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Parsa Bazar P.S. Case No.86 of 2021 (Spl. Case No.1607/2021), subject to the conditions:

(1) One of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

(2) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the

Patna High Court CR. MISC. No.31419 of 2021(2) dt.21-08-2021 3/3 learned Court below for cancellation of their bail bonds. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/- (rupees five thousand) each in PM Cares Fund. (Anjani Kumar Sharan, J) S.KUMAR/- U T