Sandip v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2427 of 2021 Arising Out of PS. Case No.-407 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

SANDIP S/o Bishnudatt @ Vishnu R/o village- Mudlana, P.S.- Gohana, District- Sonipat 2.

MOHAN S/o Raghubir R/o village- Mudlana, P.S.- Gohana, DistrictSonipat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate Mr.Shyam Kumar, Advocate For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. 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 connection with Kuchaikote P.S. Case No.407 of 2020, registered for the offence punishable under Sections 420, 467, 468, 471, 120(B) of IPC and section 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2018. 3141 liters of hooch is said to have been recovered from a

Patna High Court CR. MISC. No.2427 of 2021(2) dt.12-03-2021 2/3 truck coming from U.P. side.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery or any trade of liquor or the truck in question from which the alleged recovery has been made. They have been falsely implicated in this case due to ulterior motive. Petitioners have no criminal antecedent as mentioned in para-3 of the present petition and have been languishing in custody since 14.10.2020. Petitioners are agreed to deposit a sum of Rs. 1,00,000.00 (Rupees One Lac) each 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 case, let the above named petitioners, be released 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 learned court below, in connection with Kuchaikote P.S. Case No.407 of 2020.

The bail bonds of the petitioners shall be accepted by the

Patna High Court CR. MISC. No.2427 of 2021(2) dt.12-03-2021 3/3 learned Court below on showing receipt of deposit of Rs.1,00,000.00 (Rupees One Lac) each in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T