Patna High CourtCR. MISC./36908/2020bail granted

Upendra Kumar v. The State Of Bihar

2021-02-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36908 of 2020 Arising Out of PS. Case No.-384 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Upendra Kumar Son of Jamadar Mahto resident of Karinga Mushahary, P.S.- Muffasil, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 26.08.2020 in connection with Muffasil P.S. Case No. 384 of 2020 for the alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 50 litres of countrymade wine from a motor-cycle. The petitioner denies recovery of the offending goods from his conscious possession. In any

Patna High Court CR. MISC. No.36908 of 2020(3) dt.20-02-2021 2/2 event, the petitioner has already suffered custody for more than five months, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 26.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise, Saran in connection with Muffasil P.S. Case No. 384 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T