Munna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32656 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- BARSOI District- Katihar ====================================================== 1.

MUNNA SHARMA S/o Late Tara Chandra Sharma R/o village- Hatanpur, P.S.- Barsoi, District- Katihar 2.

BHUPATI SHARMA S/o Upen Lal Sharma R/o village- Bijatpur, P.S.- Barsoi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2020 Heard learned counsel for the petitioners 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 petitioners 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 petitioners seek bail in a case registered for the offence punishable under Sections 20 and 22 of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners

Patna High Court CR. MISC. No.32656 of 2020(2) dt.11-12-2020 2/2 rather 900 grams of Ganja and 900ml of liquor is said to have been recovered from the motorcycle of the petitioners. He further submits that petitioners has no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 05.08.2020.

Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five 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 facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Cum-Special Judge, N.D.P.S., Katihar in connection with Barsoi P.S. Case No. 173 of 2020. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T