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Patna High CourtCR. MISC./39969/2020allowed

Raju Kumar v. The State Of Bihar

2021-02-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39969 of 2020 Arising Out of PS. Case No.-493 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

RAJU KUMAR S/o Lakshman Yadav R/o village- Patahra, P.S.- Jadopur, District- Gopalganj 2.

Suresh Yadav S/o Nandlal Yadav R/o village- Patahra, P.S.- Jadopur, District- Gopalganj ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate.

For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners 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 petitioners seek bail in a case registered for the offence punishable under Section 30(a) & 41 (i) of the Bihar Prohibition and Excise Amendment Act, 2018.

49.030 liters of country made liquor and foreign liquor is said to have been recovered from the three different

Patna High Court CR. MISC. No.39969 of 2020(2) dt.20-02-2021 2/3 motorcycles and petitioners were apprehended. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have no concern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case by the police as some altercation took place with them due to non coughing up of illegal graft demanded by them. They have no criminal antecedent and have been languishing in custody since 30.08.2020.

Petitioners are 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.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2ndAdditional Sessions Judge-cum-Special Judge Excise, Gopalganj in connection with Gopalganj P.S. Case No.493 of 2020.

The bail bond of the petitioners shall be accepted by

Patna High Court CR. MISC. No.39969 of 2020(2) dt.20-02-2021 3/3 the learned Court below on showing receipt of deposit of Rs.10,000 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T