Heera Yadav @ Heeralal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38023 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- NADI NAINAHA District- West Champaran ====================================================== HEERA YADAV @ HEERALAL YADAV S/o Paras Yadav R/o VillageDaunaha, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal 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.

270.360 liters of foreign liquor is said to have been recovered from a Bolero vehicle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner's

Patna High Court CR. MISC. No.38023 of 2020(2) dt.05-02-2021 2/2 name has been transpired in this case merely on suspicion. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent and has been languishing in custody since 24.08.2020.

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.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released 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 learned Special Judge Excise, West Champaran at Bettiah in connection with Nadi P.S. Case No. 05 of 2020, 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