Rabindra Kumar Sah @ Jhaji Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7162 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- GANGTA District- Munger ====================================================== RABINDRA KUMAR SAH @ JHAJI SAH SON OF TANAK LAL SAH @ TANU SAH @ TANA SAH R/O VILLAGE- NAJARI, P.S.- LAXMIPUR, DISTRICT- JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar Verma, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)/30/30(c)/53(c) of the Bihar Prohibition and Excise Act, 2018 and 2(e)/3/5(b)/18 of Bihar Mahua Flower Rule, 2006. Altogether, 80 litres illicit liquor as well as 1350 kg rotten mahua has been recovered from the forest. Three accused persons were apprehended on the spot. Petitioner is said to be a member of the mob involved in business of liquor. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.7162 of 2023(2) dt.13-04-2023 2/3 physical possession of the petitioner rather illicit liquor is said to have been recovered from a open place. 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 specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in 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 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
Patna High Court CR. MISC. No.7162 of 2023(2) dt.13-04-2023 3/3 with Gangta P.S. Case No. 191 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 his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) 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 Bihar State Bar Council Welfare Fund. (Anjani Kumar Sharan, J) divyanshi/- U T