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Patna High CourtCR. MISC./2419/2021bail granted

Vijay Kumar Sah @ Vijay Kumar Sahu @ Bijay Kumar Sah v. The State Of Bihar

2021-03-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2419 of 2021 Arising Out of PS. Case No.-127 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== VIJAY KUMAR SAH @ VIJAY KUMAR SAHU @ BIJAY KUMAR SAH Son of Ram Priti Sahu Resident of Village - Korahia, P.S.- Jaynagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three 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 Sections 272, 273, 440, 414, 120B/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is recovery of only 45 litres of

Patna High Court CR. MISC. No.2419 of 2021(2) dt.15-03-2021 2/2 Nepali country made liquor from the possession of the petitioner and other co-accused persons. He submits that similarly situated co-accused has been granted bail by a Bench of this Court in Cr. Misc. No. 59832 of 2019 on 24.09.2019. He further submits that petitioner is languishing in judicial custody since 24.06.2020. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (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.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where this case is pending in connection with Jaynagar P.S. Case No. 127 of 2019, corresponding to G.R. No. 484 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000.00 (Rupees Ten Thousand) in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T