Pramod Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27125 of 2020 Arising Out of PS. Case No.-282 Year-2020 Thana- GARKHA District- Saran ====================================================== PRAMOD NUT S/O Kishori Nut @ Kishori Nat R/O Village- Mithepur, P.S. - Garkha, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar For the Opposite Party/s :
Mr. Ajay Kumar No.2 ====================================================== 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 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.
25 liters of country made liquor is said to have
Patna High Court CR. MISC. No.27125 of 2020(2) dt.27-11-2020 2/3 been recovered from the verandah of the petitioner. 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 any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the verandah of the house. He has no criminal atecedent. Petitioner is agreed to deposit a sum of Rs.5000.00 (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.
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 Additional Sessions Judge-II-cum-Special Judge Excise, Saran
Patna High Court CR. MISC. No.27125 of 2020(2) dt.27-11-2020 3/3 at Chapra in connection with Garkha P.S. Case No. 282 of 2020, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
TThe bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T