Raushan Kumar @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8972 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== RAUSHAN KUMAR @ KARIYA S/o Chandrasekhar Singh @ Chandeshwar Kumar R/o village- Sahdullahpur, P.S.- Ganga Bridge, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Learned counsel for the petitioner filed a supplementary affidavit in the present case.

Let it be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 467, 468, 471 and 120 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 4465.440 liters of illicit liquor is said to have recovered from the place of the occurrence. He

Patna High Court CR. MISC. No.8972 of 2023(3) dt.24-04-2023 2/3 further submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got two criminal antecedents not in similar nature as stated in para-3 of the bail application.

Learned counsel for the petitioner filed a supplementary affidavit in the present in which para-2 it is stated that the petitioner is agreed to deposit a sum of Rs. 4,00,000.00 (Rupees Four Lakhs) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the statement made in para-2 of the supplementary affidavit, let the above named petitioner, 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 the learned court below where the case is pending/successor court in connection with Ganga Bridge P.S. Case No. 165/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.8972 of 2023(3) dt.24-04-2023 3/3 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 the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T