Birju Nandan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43983 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== BIRJU NANDAN ROY Son of Late Visunadev Ray @ Vishnudev Ray Resident of village - Jagdishpur, P.S. - Nimachandpura, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.PP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 413, 414, 120B of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, 1068 litres of bear was recovered from the pick up bearing Registration No.JH0-BW2463.
4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner is owner of the said pick up, therefore, he has been made accused
Patna High Court CR. MISC. No.43983 of 2023(2) dt.22-08-2023 2/3 in the present case. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor.
5. Petitioner is agreed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand) 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.
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 Madanpur P.S. Case No. 101 of 2022, 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 similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.43983 of 2023(2) dt.22-08-2023 3/3 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) sanjeev/- U T