Randhir Thakur @ Randhir Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28038 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== RANDHIR THAKUR @ RANDHIR KUMAR THAKUR S/O PRABHU THAKUR R/O VILLAGE MAHMADPUR DEVPAR, P.S PUSA, DISTRICT-SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 & 273/34 of the Indian Penal Code and Section 47 and 30 (a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 792 liters
Patna High Court CR. MISC. No.28038 of 2021(3) dt.04-01-2022 2/3 of foreign liquor is said to have been recovered from a pick up van. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case on the disclosure made by the apprehended persons. Petitioner is not the owner of the said pick-up van. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in 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 petitioner, be released on bail, in the event of his 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) 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 Chakmehsi P.S. Case No. 251 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.28038 of 2021(3) dt.04-01-2022 3/3
(1) One of the bailors will be his own blood relative, 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 Rs.25,000.00 (Rupees Twenty Five Thousand) in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) Trivedi/- U T