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Patna High CourtCR. MISC./6011/2021allowed

Amar Nath Yadav v. The State Of Bihar

2021-04-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6011 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== Amar Nath Yadav son of Late Budhu Chaudhary Resident of Village- Nawada Parsauni, P.S.- Uchkagaown, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2021 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 Uchkagaown P.S. Case No. 359 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Excise and Prohibition Act. 60.625 liters of foreign liquor is said to have been recovered Bhushauni (Husk House).

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.6011 of 2021(2) dt.15-04-2021 2/3 physical possession of the petitioner rather the said liquor has been recovered from the Bhushauni which belongs to coaccused Salauddin. 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 due to local village politics. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 18.11.2020.

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 Uchkagaown P.S. Case No. 359 of 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.6011 of 2021(2) dt.15-04-2021 3/3 (Anjani Kumar Sharan, J) GAURAV S./- U T