Raju Kumar @ Raju Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36142 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- AMBA District- Aurangabad ====================================================== RAJU KUMAR @ RAJU KUMAR RAM SON OF SUBESH RAM RESIDENT OF VILLAGE- BELA, PS- MUFFASIL, DISTRICTAURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 4.86 liters of country made liquor is said to have recovered from the motorcycle. He further submits that one person was apprehended on the spot who disclosed that the said motorcycle belongs to the petitioner. He submits that the co-accused, namely, Rajesh Kumar has taken
Patna High Court CR. MISC. No.36142 of 2023(2) dt.28-07-2023 2/3 the said motorcycle for purchase of medicine from the market, in the meantime, he has been arrested with recovery of illicit liquor as well as seized the motorcycle. He further submits that there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case and the fact that there is no recovery from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amba P.S. Case No.77 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
Patna High Court CR. MISC. No.36142 of 2023(2) dt.28-07-2023 3/3 (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 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 the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T