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Patna High CourtCR. MISC./21429/2020allowed

Awadhesh Prasad v. The State Of Bihar

2020-07-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21429 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- BIHTA District- Patna ====================================================== AWADHESH PRASAD Son of Ram Kumar Yadav Resident of VillageHiramanpur, P.S.- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Sharan, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2020 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, failing which, the 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.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious possession of the petitioner rather illegal Mahua has been recovered from the

Patna High Court CR. MISC. No.21429 of 2020(2) dt.02-07-2020 2/2 vehicle. He submits that petitioner has no criminal antecedent and he is languishing in custody since 15.02.2020. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Bihta P.S. Case 120 of 2020, Special Case No. 1544 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) devendra/- U T