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Patna High CourtCR. MISC./29991/2020allowed

Vashisth Narayan Singh @ Vashith Singh v. The State Of Bihar

2021-01-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29991 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

VASHISTH NARAYAN SINGH @ VASHITH SINGH, S/o Gauri Shankar Singh, 2.

Miku Kumar, S/o Vashisth Narayan Singh @ Vashisth Singh, Both Residents of Village- Chamhi, P.S.- Chiraiya (Shikarganj O.P.), District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners 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 petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.29991 of 2020(2) dt.25-01-2021 2/3 Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners. Rather, there is recovery of total 5.250 liters of foreign liquor from the motorcycle and the said motorcycle does not belong to the petitioners. The petitioners have clean criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

Petitioners are agreed to deposit a sum of Rs.2,000/- (Rupees Two Thousand) each 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, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari in connection with Chiraiya (Shikarganj) P.S. Case No. 75 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.29991 of 2020(2) dt.25-01-2021 3/3 under Section 438 (2) of the Code of Criminal Procedure. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.2,000/- (Rupees Two Thousand) each in the PM Cares fund. (Anjani Kumar Sharan, J) amitkumar/- U T