Randhir Kumar @ Santosh Kumar @ Randhir Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24997 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Randhir Kumar @ Santosh Kumar @ Randhir Kumar Mishra Son Of Harischandra Mishra Resident Of Village- Mahathhwar, Ward No. 13, Purwari Tole, Police Station- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Jha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Learned counsel for the petitioner has filed the supplementary affidavit today in the court. Let it be kept on record.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.24997 of 2021(2) dt.09-12-2021 2/3 case. He submits that there is no recovery from the conscious possession of the petitioner rather 1467.36 liters of foreign liquor is said to have been recovered from the pickup van which belongs to the wife of the petitioner. He submits that the alleged vehicle was given to co-accused Pramod Mahto on rent who had been dealing own business of Tent and Pandal Decoration. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 60,000.00 (Rupees Sixty Thousand) in the Patna High Court Legal Services Committee, Patna.

Considering the facts and circumstances of the case and the fact that there is recovery from the conscious possession of the petitioner, 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 G.O. Case No. 879 of 2019/Ghanshyampur P.S. Case No. 173 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.24997 of 2021(2) dt.09-12-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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