Ajmer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34421 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== 1.

Ajmer Son Of Late Ved Singh Resident Of Village - Jalalpur Kala, P.S.- Jind, Distt.- Jind (Haryana).

2.

Balakar Singh Son Of Hansraj Resident Of Village - Jind, P.S.- Jind, Distt.- Jind (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in connection with Excise Case No. 197 of 2021 arising out of Arwal P.S. Case No. 84 of 2021 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical

Patna High Court CR. MISC. No.34421 of 2021(2) dt.21-08-2021 2/3 possession of the petitioners rather 1341 liters of illegal foreign liquor is said to have been recovered from the Pick-up vehicle. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. He submits that Petitioner No. 1 is the driver and Petitioner No. 2 is the cleaner (khalasi) of the said vehicle and they have no knowledge that Pick-up vehicle is loaded with alcohol. They have been falsely implicated in this case by Police. Petitioners have no criminal antecedent as has been mentioned in para-3 of the present petition and have been languishing in custody since 03.03.2021.

Petitioner No.1 is agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) and Petitioner No. 2 is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten 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 case, let the above named petitioners, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No. 197 of 2021 arising out of Arwal P.S. Case No. 84 of 2021 subject to following conditions:

(1) One of the bailors will be own close relative of the

Patna High Court CR. MISC. No.34421 of 2021(2) dt.21-08-2021 3/3 petitioners who will give on affidavit genealogy as to how he is relative to petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/- (Rupees Twenty Thousand) by Petitioner No. 1 and Rs. 10,000/- (Rupees Ten Thousand) by Petitioner No. 2 in the PM Cares fund. (Anjani Kumar Sharan, J) GAURAV S./- U T