Vijay Kumar Singh @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2285 of 2021 Arising Out of PS. Case No.-691 Year-2020 Thana- DALMIYA NAGAR SAHAYAK District- Rohtas ====================================================== VIJAY KUMAR SINGH @ VIJAY KUMAR LATE MURARI RAI Resident of Village-Mathurapur, P.S.-Dalmiyanagar, District-Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate.

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2021 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.

6027 liters of liquor and spirit is said to have been recovered from an abandoned building. Petitioner has been made accused in this case on the confessional statement of co-

Patna High Court CR. MISC. No.2285 of 2021(3) dt.15-03-2021 2/3 accused.

It is submitted by learned counsel for the petitioner 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. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. The petitioner is not named in the F.I.R. rather he has been made accused in this case on the confessional statement of coaccused, which has no evidentiary value in the eye of law. The petitioner has no concern with the place of recovery. Petitioner has no criminal antecedent and has been languishing in custody since 10.09.2020.

Petitioner is agreed to deposit a sum of Rs.2,00,000.00 (Rupees Two Lakhs) 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

Patna High Court CR. MISC. No.2285 of 2021(3) dt.15-03-2021 3/3 satisfaction of learned Court below where the case is pending in connection with Dehri (Dalmiyanagar) P.S. Case No. 691 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.2,00,000.00 (Rupees Two Lakhs) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T