Sonu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27117 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SONU MAHTO S/o Vishwanath Mahto Resident of Village-Noonkargali (Near Deepak Cinema) Sahu Road, P.S.-Muzaffarpur Town, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.27117 of 2020(2) dt.27-11-2020 2/3 4.320 liters of foreign liquor is said to have been recovered in front of the house of the petitioner by the side of the road.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. The place of recovery is an open place and easily accessible to anyone. Petitioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.2000.00 (Rupees Two 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.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.27117 of 2020(2) dt.27-11-2020 3/3 Special Judge Excise Act, Muzaffarpur in connection with Excise Case No.19 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.2000.00 (Rupees Two Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T