Dharmveer Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35199 of 2020 Arising Out of PS. Case No.-226 Year-2020 Thana- RUPASPUR District- Patna ====================================================== DHARMVEER KUMAR Son of Late Birju Prasad Chaurasiya Resident of Sheikhpura, Mali Tola, P.S.- Hawai Adda, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pathak, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, 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 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.35199 of 2020(2) dt.23-12-2020 2/3 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 377.750 liters of foreign liquor is said to have been recovered from the Tata Magic vehicle. He submits that petitioner has got no concern either with the said vehicle and he is only passenger. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 18.07.2020.
Petitioner is agreed to deposit a sum of Rs. 15000.00 (Rupees Fifteen 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 Special Judge, Excise Court, Patna in connection with Special Case No. 4462 of 2020 arising out of Rupaspur P.S. Case No. 226/2020. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.35199 of 2020(2) dt.23-12-2020 3/3 the learned Court below on showing receipt of deposit of Rs.15000.00 (Rupees Fifteen Thousand) in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T