Babua Singh @ Dharamendr Singh v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35190 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- MALI District- Aurangabad ====================================================== BABUA SINGH @ DHARAMENDR SINGH S/o Ramanand Singh R/o Village- Barianwan, P.S.- Mali, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2020 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 undertake 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 seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious
Patna High Court CR. MISC. No.35190 of 2020(2) dt.23-12-2020 2/2 possession of the petitioner rather 192 liters of countery made liquor is said to have been recovered from the Maruti Car. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 31.07.2020.
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.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VII-Cum-Special Judge, Excise, Aurangabad in connection with Mali P.S. Case No. 73 of 2020. The 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) devendra/- U T