Mirgendar Singh @ Khamroiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2415 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- TEGHRHA District- Begusarai ======================================================

1. MIRGENDAR SINGH @ KHAMROIYA, son of late Om Prakash Singh, R/o Village- Madhurapur, P.S. Teghra, District- Begusarai

2. Sintu Kumar @ Sanjiv Kumar Singh, s/o Ashok Singh, R/o villageDaniyalpur Pokhar Ward No.5 Teghra, P.S.- Teghra, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== 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 Teghra P.S. Case No.193 of 2020/ G.R. No.664/2020, registered for the offence punishable under Sections 414, 120(b) of the IPC and 30(a) of the Excise Prohibition and Amendment Act, 2018. 302.37 liters of foreign liquor is said to have been

Patna High Court CR. MISC. No.2415 of 2021(2) dt.12-03-2021 2/3 recovered from the Bolero vehicle which does not belong to the petitioners.

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 vehicle loaded with liquor. They have been falsely implicated in this case on the basis of surmises and conjectures or at the instance of some inimical persons to the petitioners as the occurrence is said to have taken place in dark night and no one was identified or seen. Petitioners have no criminal antecedent as has been mentioned in para-3 of the present petition and have been languishing in custody since 16.10.2020.

Petitioners have agreed to deposit a sum of Rs. 15,000.00 (Rupees Fifteen Thousand) 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

Patna High Court CR. MISC. No.2415 of 2021(2) dt.12-03-2021 3/3 with two sureties of the like amount each to the satisfaction of learned court below, in connection with Teghra P.S. Case No.193 of 2020/ G.R. No.664/2020.

The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) each in the PM Cares fund.

(Anjani Kumar Sharan, J) pallavi/- U T