Gorelal Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36896 of 2020 Arising Out of PS. Case No.-297 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== GORELAL THAKUR, son of Ajeet Thakur, resident of village Sector 9(A) Road, Sranik Colony, P.S. Harla, District Jharkhand at present resident of Village Khardih, P.S. Sikandra, District Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all 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 19.08.2020 in connection with Giriyak P.S. Case No. 297 of 2020 (G.R. No. 4363 of 2020) for the alleged offences under Section 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 48 bottles of beer from a motorcycle bearing Registration No. UP-52R-0321 and 228 bottles of Kingfisher beer from a pick-up van bearing Registration No. JH 15G 4809. It is further submitted that recovery of the offending goods have not been made from the conscious possession of the petitioner and he has no concern with the motorcycle or the pick-up van in question. The petitioner has
Patna High Court CR. MISC. No.36896 of 2020(3) dt.22-02-2021 2/2 already suffered more than six months in custody 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 19.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge III-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 297 of 2020 (G.R. No. 4363 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) Chandran/- U T