Saras Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.556 of 2021 Arising Out of PS. Case No.-739 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SARAS KUMAR SON OF LATE MADHURENDRA KUMAR RESIDENT OF VILLAGE- INDRA PRASTH COLONY, P.S AHIYAPUR DIST MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2021 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a)/36 of the Bihar Prohibition and Excise Act, 2016.
20.700 liters of foreign liquor is said to have been recovered from the motorcycle.
Patna High Court CR. MISC. No.556 of 2021(2) dt.23-02-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. 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 by the police due to some altercation between them on his refusal to cough up the demand of graft made by them. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent and has been languishing in custody since 11.09.2020.
Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five 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 Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 739 of 2020. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.556 of 2021(2) dt.23-02-2021 3/3 the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T