Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5292 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- ISUAPUR District- Saran ====================================================== 1.
Rajesh Kumar Son Of Jag Narayan Choudhary Resident Of Yugal Deep Apartment Flat No A/301, Phulwari, P.S.- Phulwari, District- Patna 2.
Ashok Singh Son Of Suryavansh Singh Resident Of Yugal Deep Apartment Flat No A/301, Ramnagari Sector-3, P.S.- Rajeev Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable Sections 272, 273, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that no incriminating article have been recovered from the conscious physical possession of the petitioners rather 640 liters of spirit is said to have been recovered from the tempo. He submits that the apprehended persons disclosed the name of the petitioner no. 1 and petitioner no. 2 is the owner of the said vehicle. He further submits that the petitioners have no criminal antecedent
Patna High Court CR. MISC. No.5292 of 2023(2) dt.07-04-2023 2/3 as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) each in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Isuwapur P.S. Case No. 255 of 2022, 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 their own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by
Patna High Court CR. MISC. No.5292 of 2023(2) dt.07-04-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.
(Anjani Kumar Sharan, J) devendra/- U T