Sukhari Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37293 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Sukhari Majhi Son Of Axay Lal Resident Of Village Umarpur Diara, PsBuxar Industrial Area, District- Buxar 2.

Santosh Chaudhari Son Of Rajendra Chaudhari Resident Of Village Umarpur Diara, Ps- Buxar Industrial Area, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners is innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 77.160 liters of foreign liquor is said to have been recovered from the motorcycle. Petitioners have no concern either with the seized liquor or the place of recovery or any trade of liquor. Petitioners are not the owner of the seized

Patna High Court CR. MISC. No.37293 of 2023(2) dt.31-07-2023 2/3 motorcycle. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Petitioners are agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Buxar Industrial Area P.S. Case No. 94 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioners shall not indulge themselves in

Patna High Court CR. MISC. No.37293 of 2023(2) dt.31-07-2023 3/3 any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

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