Petitioner sought bail in a case under the Bihar Prohibition and Excise Act. Court granted bail subject to conditions and deposit, acknowledging no recovery from petitioner's possession.
Petitioner enlarged on bail; to deposit Rs. 20,000; to furnish bond of Rs. 25,000 with two sureties; subject to specific conditions regarding address and misuse.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58102 of 2022
Arising Out of PS. Case No.-170 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
SACHIN KUMAR Son of Rajendra Prasad R/V- Khajbati, P.S- Magadh University Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Yadav For the Opposite Party/s : Mr.Bishweshwar Ram ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-12-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
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 55 liters of beer and other articles said to have recovered from the from the house of the
Patna High Court CR. MISC. No.58102 of 2022(2) dt.02-12-2022 2/3
one of the co-accused Dilip Kumar. He submits that apprehended person disclosed the name of the petitioner that he is also involved in the transaction of the said illicit liquor. He further submits that petitioner have got one criminal antecedent in similar nature as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the facts and circumstance of the case, let the above named petitioner and the fact that there is nothing recovered from the conscious possession of the petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 court below where the case is pending/successor court in connection with M.U. P.S. Case No. 170 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) that one of the bailors will be a close relative of
Patna High Court CR. MISC. No.58102 of 2022(2) dt.02-12-2022 3/3
the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J)
ajay/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case involving illicit liquor possession.
2 provisions across 2 enactments
SACHIN KUMAR
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
