Mithun Kumar @ Mithun Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2442 of 2023 Arising Out of PS. Case No.-121 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== MITHUN KUMAR @ MITHUN SAW SON OF BOUNU SAW R/O VILLAGE- BANSGARHA, BANSIPUR, CHANDRATOLA, P.S.- MEDNI CHOUKI, DISTRICT- LAKHISARAI.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 290, 353, 504, 506 and 34 of the Indian Penal Code as well as under Section 30(a) of the Bihar Prohibition and Excise Act. 2 litres of Mahua wine has been recovered from dickey of the motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that he went to Lakhisarai for purchase of some articles and parked his vehicle adjacent to the

Patna High Court CR. MISC. No.2442 of 2023(2) dt.24-03-2023 2/3 house of one Anjali Mehta and someone had kept the illicit liquor in the dickey of the motorcycle. It is further submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten 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.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, 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 learned Additional District & Sessions Judge-IV-cum-Special Excise Court, 1st, Lakhisarai in connection with Piri Bazar P.S. Case No.121 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.2442 of 2023(2) dt.24-03-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) S.KUMAR/- U T