Suman Yadav @ Sumen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.554 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- KALUAHI District- Madhubani ====================================================== Suman Yadav @ Sumen Yadav S/O Surendra Yadav, Male, aged about 24 years, Resident of Village - Aurhi ,P.S. - Aurhi , District - Sirha (Nepal). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kaluahi P.S. Case No. 142 of 2020 corresponding to G.R. No.1323 of 2020 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 79 liters of foreign liquor has been recovered from the motorcycle. Learned counsel for the petitioner further submits that the said motorcycle does not belong to the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that the petitioner is in jail custody

Patna High Court CR. MISC. No.554 of 2021(2) dt.24-02-2021 2/2 since 10.10.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.5,000/- (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.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge. Excise Act, Madhubani in connection with Kaluahi P.S. Case No. 142 of 2020 corresponding to G.R. No.1323 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T