Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33474 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== ANISH KUMAR, SON OF CHANDESWAR MAHTO, R/O-BAHERA JAHIDPUR WARD NO. 08, P.S.-NANPUR, DISTT.-SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Benipatti P.S. Case No. 54 of 2023, registered under sections 272, 273, 337, 279 and 427 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 1035 litres of illicit liquor from the vehicle in question.

The petitioner has offered to deposit Rs. 25,000/- (Rupees Twenty Five Thousand) in Ramkrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar- 842002, without accepting his guilt. He has one antecedent and he is in custody

Patna High Court CR. MISC. No.33474 of 2023(2) dt.23-05-2023 2/2 since 14.03.2023.

Learned A.P.P. has vehemently opposed the prayer for bail.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Additional Sessions Judge-II- cum- Special Judge, Excise Act, Madhubani in connection with Benipatti P.S. Case No. 54 of 2023.

The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only), as has been offered by him, in the Ramkrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar- 842002 and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds of the petitioner shall be accepted only after he produces the receipt of Rs. 25,000/- (Rupees Twenty Five Thousand Only) issued by the Ramkrishna Mission, Muzaffarpur and after verification of the genuineness of the said receipt from concerned Ramkrishna Mission Sevashrama.

(Sandeep Kumar, J) avinash/- U T