Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5969 of 2021 Arising Out of PS. Case No.-512 Year-2020 Thana- DANAPUR District- Patna ====================================================== 1.

MONU KUMAR S/O Dhrupraj Sharma R/o Vill Bhatta Road, P.S. - Danapur, Distt. - Patna.

2.

Raushan Kumar S/O Rakesh Prasad R/o Vill Bhatta Road, P.S. - Danapur, Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Ram Naresh Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual mode.

Learned counsel for the petitioners undertake 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 Spl. Case No.5202/2020 arising out of Danapur P.S. case No.512 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise Act, 2016.

122.850 liters of foreign liquor is said to have been

Patna High Court CR. MISC. No.5969 of 2021(2) dt.13-04-2021 2/3 recovered from one Maruti Suzuki car.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case by the police on their refusal to become seizure list witness. Petitioners have no criminal antecedent as mentioned in para-3 of the present petition and have been languishing in custody since 06.09.2020.

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 bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned court of Spl. Judge, (Excise), Patna, in connection with Spl. Case No.5202/2020 arising out of Danapur P.S. case No.512 of 2020.

Patna High Court CR. MISC. No.5969 of 2021(2) dt.13-04-2021 3/3 The bail bonds of the petitioners 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) pallavi/- U T