Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35223 of 2020 Arising Out of PS. Case No.-241 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Saurabh Kumar S/o Ravindra Yadav @ Ravi Yadav R/o - Vill. - Kaithma, 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 :

Mrs. Indu Kumari Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertake to remove the defects within three weeks of resumption of physical 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 a case registered for the offence punishable under Section 120(B) of the Indian Penal Code and Sections 30(a)/32/41(i) of the Bihar Prohibition and

Patna High Court CR. MISC. No.35223 of 2020(2) dt.23-12-2020 2/3 Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 675 liters of foreign liquor is said to have been recovered from the Pick-Up van and 36 litres of foreign liquor is said to have been recovered from the Tata Tiago car. He submits that petitioner was found sitting in the Tata Tiago car in which 36 litres of wine was recovered. He further submits that petitioner is languishing in judicial custody since 03.08.2020.

Petitioner is agreed to deposit a sum of Rs. 10000.00 (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.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-Cum-Special Judge, Excise Act, Begusarai in connection with Sahebpur Kamal P.S. Case No.

Patna High Court CR. MISC. No.35223 of 2020(2) dt.23-12-2020 3/3 241 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10000.00 (Rupees Ten Thousand) in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T