Arjun Kuer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9573 of 2020 Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== ARJUN KUER Son of Lakshman Kuer Resident of Village - Semara, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code, Section 30/30(a) of Bihar Excise and Prohibition Act and Section 27 of the Arms Act. Prosecution case as lodged by the police personnel is that on secret information illegal liquor traders are cutting the liquor over which police arrived there. They seeing the police started firing on them. Police anyhow arrived near the truck and found one person sitting in the truck who disclosed his name as Dharmendra Das. On query, he disclosed that the petitioner (Arjun Kuer) and his associates were cutting the liquor who fled
Patna High Court CR. MISC. No.9573 of 2020(2) dt.18-06-2020 2/3 away.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to village politics. He submits that nothing has been recovered from the conscious possession of the petitioner rather 2499.840 litres of foreign wine was recovered from the possession of co-accused Dharmendra Das who disclosed the name of the petitioner before the police which is not relevant in the eye of law. Petitioner is agreed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand) in the PM Cares fund, bearing Account No. 2121PM 20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.
In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, Excise Act, Muzaffarpur in connection with Paroo Police Station Case No. 467 of 2019, G.R. No. 2168/10 subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.9573 of 2020(2) dt.18-06-2020 3/3 of Criminal Procedure.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of Rs. 50,000/- (Rupees Fifty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) devendra/- U T