Vinay Jaiswal @ Abhinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.904 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VINAY JAISWAL @ ABHINAY KUMAR SON OF PREM CHAND JAISWAL RESIDENT OF VILLAGE - PRATAP PATTI, MAHAVIR ASTHAN, WARD NO. 9, POLICE STATION - SAHEBGANJ, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Rajani Kant Mishra For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2021 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) of the Bihar Prohibition and Excise Act, 2016.

67.02 liters of foreign liquor is said to have been recovered from a Tata Magic vehicle.

Patna High Court CR. MISC. No.904 of 2021(2) dt.24-02-2021 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 at the instance of his enemy. He was not apprehended on the spot. Similarly situated co-accused, namely, Deepak Kumar, Aman Kumar and Ranjeet Kumar have been enlarged on bail by different coordinate Bench of this Court in Cr. Misc. Nos 11818 of 2020, 16897 of 2020 and 19912 of 2020 vide order dated 29.05.2020, 09.06.2020 and 26.06.2020 respectively. Petitioner has been languishing in custody since 17.10.2020. 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

Patna High Court CR. MISC. No.904 of 2021(2) dt.24-02-2021 3/3 in connection with Sahebganj P.S. Case No. 36 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T