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Patna High CourtCR. MISC./36871/2020allowed

Shubhash Ram @ Shubhash Rane v. The State Of Bihar

2021-02-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36871 of 2020 Arising Out of PS. Case No.-327 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Shubhash Ram @ Shubhash Rane, aged about 25 years, Male, Son of Nandkishore Ram, Resident of Village - Jaysinghpur Chilhrawn, P.S. - Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2021 Learned counsel for the petitioner is permitted to remove the defect within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Turkauliya P.S. Case No. 327 of 2020 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that 70 liters of foreign liquor has been recovered from the Car of the petitioner. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner

Patna High Court CR. MISC. No.36871 of 2020(2) dt.01-02-2021 2/3 rather 70 liters of foreign liquor has been recovered from the Car of the petitioner. Learned counsel for the petitioner further submits that the petitioner is the owner of the said Car so the petitioner has been made accused in the present case. Learned counsel for the petitioner further submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 10.09.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner 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.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge Cum Special Judge. Excise, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.36871 of 2020(2) dt.01-02-2021 3/3 Turkauliya P.S. Case No. 327 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T