Arif Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36594 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Arif Khan S/o Nesar Khan R/o vill - Akhini, P.S. - Nuaon, Distt. - Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Pandey For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== 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) & 32 (3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. 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 261 liters of foreign liquor is said to have been recovered from a vehicle, the driver of the vehicle succeeded in fleeing away. Petitioner has no concern either with the seized liquor or the vehicle in question or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is neither the driver nor the owner
Patna High Court CR. MISC. No.36594 of 2024(2) dt.26-06-2024 2/3 of the said vehicle. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code :800016018.
5. 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 Prohibition and Excise (Bhabua) P.S. Case No. 285 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any
Patna High Court CR. MISC. No.36594 of 2024(2) dt.26-06-2024 3/3 similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T