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Patna High CourtCR. MISC./5975/2021allowed

Dharmendra Kumar v. The State Of Bihar

2021-04-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5975 of 2021 Arising Out of PS. Case No.-668 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== DHARMENDRA KUMAR S/o Sohray Manjhi @ Satyendra Manjhi R/o village- Bigan Tola, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.H.A. Khan ====================================================== 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 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 seek bail in connection with Jehanabad Excise case No.668 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

150 kg Jawa Mahua and 30 liters of country made liquor is said to have been recovered from a vacant land situated

Patna High Court CR. MISC. No.5975 of 2021(2) dt.13-04-2021 2/3 behind the house of petitioner.

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. Petitioner has no criminal antecedent as mentioned in para-3 of the present petition and has been languishing in custody since 03.09.2020.

Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten 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 A.D.J.-II cum Spl. Judge, Excise, Jehanabad, in connection with Jehanabad Excise case No.668 of 2020. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.5975 of 2021(2) dt.13-04-2021 3/3 Rs.10,000.00 (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T