Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32681 of 2020 Arising Out of PS. Case No.-172 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Deepak Kumar S/o Sanju Rai R/O Village - Akilabad, P.S. - Sadar, Hajipur, Dist. - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video-conferencing. . 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 undertakes to remove the defects, as pointed out by the office, 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 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.32681 of 2020(2) dt.11-12-2020 2/3 105 liters of country made liquor is said to have been recovered from a Vikram auto and a Yamaha Crux motorcycle. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or the vehicles in question or the any trade of liquor. He has been falsely implicated in this case by the police. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent and has been languishing in custody since 04.09.2020. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 172 of 2020.

Patna High Court CR. MISC. No.32681 of 2020(2) dt.11-12-2020 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T