Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27135 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SANJAY YADAV S/O - Balkeshwar Yadav, Resident of Village - Belahi, P.S. - Magadh Medical, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Akhaleshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned APP 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 normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.27135 of 2020(2) dt.27-11-2020 2/3 that there is no recovery from the conscious possession of the petitioner. There is recovery of huge quantity of foreign liquor and spirit from the Glamour motorcycle, tempo vehicle and open fields. The said vehicles and open field do not belong to the petitioner.
Learned APP for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs. 25,000/- (Rupees Twenty 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.
In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in connection with Magadh Medical P. S. Case No. 280/2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.27135 of 2020(2) dt.27-11-2020 3/3 the learned Court below on showing receipt of deposit of Rs. 25,000/- (Rupees Twenty Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T