Single judge granted bail to a petitioner charged under the Bihar Prohibition and Excise Act, 2016 who claimed false implication and had no antecedents, on furnishing a bond and deposit funds in the PM Cares fund.
The petitioner was directed to be enlarged on bail on furnishing a bond and deposit funds in the PM Cares fund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32675 of 2020
Arising Out of PS. Case No.-125 Year-2020 Thana- SIDHWALIYA District- Gopalganj
======================================================
SUJEET KUMAR @ HIMRAJ @ HEMRAJ S/o Jamiree Bhagat R/o villageRajepur, P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mrs. Veena Kumari Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 11-12-2020
Heard learned counsel for the petitioner and learned
APP for the State through video-conferencing. .
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 undertakes to remove the defects, as pointed out by the office, 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)/41 (1) of the Bihar Prohibition and Excise Act, 2016.
339.225 liters of foreign liquor is said to have been
Patna High Court CR. MISC. No.32675 of 2020(2) dt.11-12-2020 2/3
recovered from a Scorpio vehicle and the petitioner was apprehended.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or the vehicle in question or any trade of liquor. He has been falsely implicated in this case by the police. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent and has been languishing in custody since 20.06.2020.
Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty 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.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 the learned Additional Sessions Judge-II-cum-Special Judge Excise, Gopalganj in connection with Sidhwalia P.S. Case No. 125 of
Patna High Court CR. MISC. No.32675 of 2020(2) dt.11-12-2020 3/3
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00 (Rupees Thirty Thousand) in the PM Cares fund.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case relating to offences under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Sujeet Kumar @ Himraj @ Hemraj
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
