Manoj Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37114 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Manoj Gond S/o Ganpat Gond R/O VILLAGE - SANTHI, ADAMPUR, P.S. - RAGHUNATHPUR, DISTRICT - SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Altogether 267 litres of country made liquor has been recovered from the sacks kept in the side of road and tied with the seized motorcycle. One co-accused person was apprehended on the spot and disclosed the name of the petitioner as escaped person.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner and from his
Patna High Court CR. MISC. No.37114 of 2024(2) dt.26-06-2024 2/3 house. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is not the owner of the seized motorcycle. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended co-accused which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. 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
Patna High Court CR. MISC. No.37114 of 2024(2) dt.26-06-2024 3/3 Court below where the case is pending/successor Court in connection with Raghunathpur P.S. Case No. 48 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) divyanshi/- U T