Md. Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.573 of 2021 Arising Out of PS. Case No.-38 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== MD. PINTU S/o Md. Gulab Gos R/o Bena Chatti Masjhid Muhalla, P.S.- Arvindo, District- Durgapur (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

254.4 liters of foreign liquor is said to have been recovered from a tempo and the petitioner being driver of the said tempo was apprehended.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.573 of 2021(2) dt.23-02-2021 2/3 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 or the tempo in question. He has been falsely implicated in this case merely on suspicion. The petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner without knowing the contents ladden thereon. Petitioner has no criminal antecedent and has been languishing in custody since 05.03.2020.

Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty 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 Additional Sessions Judge-II-cumSpecial Judge Excise, Nawada in connection with Govindpur

Patna High Court CR. MISC. No.573 of 2021(2) dt.23-02-2021 3/3 P.S. Case No. 38 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T