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Patna High CourtCR. MISC./2422/2021allowed

Bir Bahadur Singh v. The State Of Bihar

2021-03-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2422 of 2021 Arising Out of PS. Case No.-452 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== BIR BAHADUR SINGH SON OF LATE BHUTALI SINGH RESIDENT OF VILLAGE ASANI, POLICE STATION-UDWANT NAGAR, DISTRICTBHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 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 Excise Case No.452 of 2020 arising out of Udwant Nagar P.S. Case No.452 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018. 350 liters of country made liquor is said to have been recovered from the old house of the petitioner.

Patna High Court CR. MISC. No.2422 of 2021(2) dt.12-03-2021 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 old house constructed by soil and fuse and without door and petitioner doesn't reside in the alleged old abandoned house. It is further 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. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 09.10.2020. 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 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 court below, in connection with Excise Case No.452 of 2020 arising out of Udwant Nagar P.S. Case No.452 of

Patna High Court CR. MISC. No.2422 of 2021(2) dt.12-03-2021 3/3 2019.

The bail bonds 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) pallavi/- U T