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Patna High CourtCR. MISC./2903/2023allowed

Sadhu Puri @ Rajkishore Puri v. The State Of Bihar

2023-01-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2903 of 2023 Arising Out of PS. Case No.-183 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== SADHU PURI @ RAJKISHORE PURI Son of Satyadeo Puri R/V- Giri Tola Shyampur Khajuriya P.s- Dumariyaghat Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a), 32, 41 & 37 (c) of the Bihar Prohibition and Excise Amendment Act. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 32.4 liters of foreign liquor is said to have been recovered from the spot in a sack which was thrown away by the petitioner at the time of fleeing from the spot. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.2903 of 2023(2) dt.20-01-2023 2/3 specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance village Chaukidar due to previous enmity. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten 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.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Dumariyaghat P.S. Case No. 183 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.2903 of 2023(2) dt.20-01-2023 3/3 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) Trivedi/- U T