Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6051 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== BHUSHAN KUMAR Son of Dhanipat Mandal Resident of Village - Sonbarsa Ward No.9, P.S.- Sonbarsa, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate.
For the Opposite Party/s :
Mr. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. 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 Case No. C2-226/20 registered for the offence punishable under Section 30 (A) of the Bihar Excise and Prohibition Act. 15 liters of Kacchi Sarab is said to have been recovered from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.6051 of 2021(2) dt.16-04-2021 2/3 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 submits that nothing has been recovered either from the possession of the petitioner or their house rather everything has been planted by the informant. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 08.06.2020. 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Case No. C2 - 226/2020.
The bail bond 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.
Patna High Court CR. MISC. No.6051 of 2021(2) dt.16-04-2021 3/3 (Anjani Kumar Sharan, J) GAURAV S./- U T