Umesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10276 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== 1.
Umesh Kumar Son Of Janardan Yadav @ Janardhan Yadav R/O VillageManhara Sukhasan, Ward No.10, P.S. And District- Madhepura 2.
Lalit Kumar Son Of Shambhu Yadav R/O Village- Manhara Sukhasan, Ward No.10, P.S. And District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 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 under Section 30 (a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to suspicion. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 117 liters of foreign liquor is said to have been recovered from the Scorpio vehicle. He submits that the petitioners are neither owner nor driver of the alleged vehicle. He submits that the petitioner no. 1 has three criminal
Patna High Court CR. MISC. No.10276 of 2023(2) dt.20-04-2023 2/3 antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.
Petitioner no. 1 is agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) and petitioner no. 2 is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) 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 Excise P.S. Case No. 95 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.
Patna High Court CR. MISC. No.10276 of 2023(2) dt.20-04-2023 3/3
(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 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