The High Court granted bail to petitioners apprehending arrest in a case regarding concealment of foreign liquor subject to furnishing a bond and deposit in CM Relief Fund.
Petitioners released on bail on furnishing bond of Rs. 25,000 each with two sureties and deposit of Rs. 1,000 in CM Relief Fund within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17287 of 2020
Arising Out of PS. Case No.-5 Year-2020 Thana- BISHWAMBHARPUR District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the State : Mr.Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 18-08-2020
The petitioners apprehend their arrest in connection with Vishambharpur P.S. Case No.05 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Allegation against the petitioners is that 4.140 liters of foreign liquor has been recovered from Banswari situated at village – Issarpatti, Vishambharpur P.S.
Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 4.140 liters of foreign liquor has been recovered from the Banswari situated at village – Issarpatti, Vishambharpur P.S.
Patna High Court CR. MISC. No.17287 of 2020(2) dt.18-08-2020 2/3
Learned counsel for the petitioners further submits that the said liquor as well as the said Banswari does not belong to the petitioners. Learned counsel for the petitioners further submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners further submits that the petitioners have got no criminal antecedent.
Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs.1,000/(Rupees One Thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank – IDBI, Branch – Kidwaipuri, Patna.
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Gopalganj in connection with Vishambharpur P.S. Case No.05 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
The bail bond of the petitioners shall be accepted by
Patna High Court CR. MISC. No.17287 of 2020(2) dt.18-08-2020 3/3
the learned Court below on showing receipt of deposit of Rs.1,000/- (Rupees One Thousand) in the CM Relief Fund.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
2 issues framed by the court
Whether petitioners should be released on bail apprehending arrest for concealment of foreign liquor.
What conditions should be imposed for granting bail when bail amount is deposited in CM Relief Fund.
2 provisions across 2 enactments
Yogendra Singh
Abhishek Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
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