Dablu Sah @ Dablu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7760 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DABLU SAH @ DABLU KUMAR SAH SON OF SHIV SAGAR SAH R/O AKHTIYARPUR- RAJAURA, P.S.- BEGUSARAI MUFFASIL, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2021 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 Begusarai Muffasil P.S. Case No. 389 of 2020 registered for the offence punishable under Section 30(a), 32/41(i) of the Bihar Prohibition and Excise Act-2016.

Large quantity of foreign liquor is said to have been recovered from a Scorpio vehicle.

Patna High Court CR. MISC. No.7760 of 2021(2) dt.23-06-2021 2/3 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. The said vehicle does not belong to the petitioner. He has been falsely implicated in this case by the police on the basis of presumption due to a previous case against him. Petitioner has two criminal antecedent (mentioned in para-3 of the application) and has been languishing in custody since 13.10.2020. 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 Addl. Sessions Judge II cum Special Judge Excise Act, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 389 of 2020 with the following conditions:- (1) One of the bailors will be own close relative of the

Patna High Court CR. MISC. No.7760 of 2021(2) dt.23-06-2021 3/3 petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial, failing which, their bail bonds shall be liable to be cancelled by the learned court concerned.

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. (Anjani Kumar Sharan, J) pallavi/- U T