Manoj Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21595 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Manoj Sadai, Male, aged about 20 years, Son of Pipi Sada, Resident of Village - Kamalpur, P.S. - Baniniya, District - Saptari, Country - Nepal. 2.

Binod Yadav, Male, aged about 55 years, Son of Late Bhola Yadav, Resident of Village - Kamalpur, P.S. - Baniniya, District - Saptari, Country - Nepal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra, Advocate For the State :

Mr.Abhay Kumar Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2020 Learned counsel for the petitioners 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 petitioners seek bail in connection with Laukahi P.S. Case No. 40 of 2020 registered for the offences punishable under Sections 272, 273 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is that 475.5 liters of country made liquor has been recovered lying at some other

Patna High Court CR. MISC. No. 21595 of 2020(2) dt.06-07-2020 2/3 place.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 475.5 liters of country made liquor has been recovered lying at some other place. Learned counsel for the petitioners further submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners further submits that the petitioners have no criminal antecedent. Learned counsel for the petitioners further submits that the petitioners are in jail custody since 02.03.2020. Learned A.P.P. for the State opposed the bail petition. Petitioners are 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 petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge. Excise, East Act, Madhubani in connection with Laukahi P.S. Case No. 40 of

Patna High Court CR. MISC. No. 21595 of 2020(2) dt.06-07-2020 3/3 2020.

The bail bond of the petitioners 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 T