Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3668 of 2021 Arising Out of PS. Case No.-224 Year-2019 Thana- NOKHA District- Rohtas ====================================================== UPENDRA SINGH SON OF LATE YAMUNA SINGH RESIDENT OF VILLAGE- BHIKHARIDIH, P.S.- NOKHA (DHARAMPURA O.P.), DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. 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 connection with Nokha (Dharampura O.P.) P.S. Case No.224 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

50.400 liters of foreign liquor is said to have been recovered from village Nousari.

Patna High Court CR. MISC. No.3668 of 2021(2) dt.16-03-2021 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 rather the same has been recovered from a house in village Nousari and petitioner is the resident of another village. It is submitted that the petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor and has been falsely implicated in this case due to ulterior motive. He submits that similarly situated co-accused namely Kantess @ Kamlesh Yadav has been granted bail by a co-ordinate Bench of this Hon'ble Court vide Cr. Misc. No.7750 of 2020 dated 05/02/2020. Petitioner has one criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 03.09.2020.

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 case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand)

Patna High Court CR. MISC. No.3668 of 2021(2) dt.16-03-2021 3/3 with two sureties of the like amount each to the satisfaction of learned court below, in connection with Nokha (Dharampura O.P.) P.S. Case No.224 of 2019.

The bail bonds 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) pallavi/- U T