Sumit Kumar @ Goldi @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2410 of 2023 Arising Out of PS. Case No.-295 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== Sumit Kumar @ Goldi @ Vinay Kumar Son of Madan Kumar @ Madan Prasad Resident of Village Khutauna, Ward No.10, P.S. Khutauna, District Madhubani.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272/273/414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

420 litres of Nepali liquor has been recovered from a Bolero vehicle. The driver of the vehicle was apprehended at the spot who disclosed that liquor and vehicle belong to 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

Patna High Court CR. MISC. No.2410 of 2023(2) dt.20-01-2023 2/3 application. It is further submitted that there is no recovery from the conscious possession of the petitioner. It is submitted that petitioner is not the owner of the said vehicle and the seized liquor does not belong to the petitioner.

Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty thousand) in the P.M. 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.

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 Special Judge, Excise Act, Jhanjharpur, District Madhubani in connection with Laukaha P.S. Case No.295 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.2410 of 2023(2) dt.20-01-2023 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 the PM Cares Fund.

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