Bhola @ Rupak @ Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11452 of 2023 Arising Out of PS. Case No.-674 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Bhola @ Rupak @ Rupak Kumar Son Of Ravindra Singh Resident Of Village- Chandpura, Saidabad, P.S.- Bidupur, District- Vaishali 2.

Rajan Kumar @ Rajan Kumar Singh Son Of Vinay Singh Resident Of Village- Majlispur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 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 420, 467, 468, 471, 34 of the Indian Penal Code and Sections 30 (a), 32(ii), 36, 41(i) 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. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 1414.300 liters of foreign liquor is said to have been recovered from the place of occurrence. Petitioners have no concern either with the seized liquor or the place of

Patna High Court CR. MISC. No.11452 of 2023(4) dt.20-06-2023 2/3 recovery or any trade of liquor. The local Chowkidar disclosed the name of the petitioners. There is violation of Section 100 Cr.P.C. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

However, petitioners are agreed to deposit a sum of Rs.1,00,000.00 (Rupees One Lakh) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, 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 Bidupur P.S. Case No. 674 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.11452 of 2023(4) dt.20-06-2023 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 Patna High Court Legal Services Committee, Patna.

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