Raja Thakur @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36276 of 2024 Arising Out of PS. Case No.-562 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Raja Thakur @ Raja Kumar Son of Ramdeo Thakur R/O - VILL- KURHIYA, P.S. GHORASAHAN, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 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), 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. Altogether 374.47 litres of Nepali liquor has been recovered from an Alto car.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 374.47 liters of illicit liquor is said to have been recovered from an

Patna High Court CR. MISC. No.36276 of 2024(2) dt.26-07-2024 2/3 Alto car, which does not belong to the petitioner. 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 has been falsely implicated in this case merely on suspicion. He was not apprehended on the spot. He had not consumed liquor. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty 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 Court below where the case is pending/successor Court in connection with Ghorasahan P.S. Case No. 562 of 2022, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.36276 of 2024(2) dt.26-07-2024 3/3 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 state 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 the aforesaid amount deposited in Mahavir Cancer Sansthan, Patna.

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