Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4606 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

MONU KUMAR S/O SHINGESHWER KUMAR YADAV R/O VILLAGESHADIPUR, P.S. KOTWALI, DIST. MUNGER 2.

ABHISHEK KUMAR S/O SHAMBHU YADAV R/O VILLAGESHERPUR, P.S. BASEDEVPUR, DIST- MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. 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 Excise Complaint Case No. 48 of 2020 registered for the offence punishable under Section 30 (A) of the Bihar Prohibition and Excise Act.

117.040 liters of foreign liquor is said to have been

Patna High Court CR. MISC. No.4606 of 2021(2) dt.24-03-2021 2/3 recovered from Ford Ikon car. The petitioner No. 1 is the driver and the petitioner No. 2 is the co-passenger of the said vehicle. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence and they have been falsely implicated in this case. They have no concern either with the seized liquor or the place of recovery or any trade of liquor and the seized vehicle was not belong to the petitioners and they have no knowledge of wine. Petitioners have no criminal antecedent as has been mentioned in para-3 of the present petition and have been languishing in custody since 06.07.2020.

Petitioners are agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten 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 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge, Banka in connection with Excise Complaint Case No. 48 of 2020.

Patna High Court CR. MISC. No.4606 of 2021(2) dt.24-03-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) each in the PM Cares fund.

(Anjani Kumar Sharan, J) GAURAV S./- U T