Bachu Das @ Bachchu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48686 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Bachu Das @ Bachchu Das S/O Late Bhola Das R/O Village- Bhagaun, P.O. Chakai, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 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) (g) 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 3.024 liters of illicit liquor is said to have recovered from motor-cycle. He further submits that the petitioner is made accused in this case because the motorcycle belongs to the petitioner. He submits that petitioner has sold the said motorcycle in the year 2019 itself. He further submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner

Patna High Court CR. MISC. No.48686 of 2023(2) dt.24-08-2023 2/3 has got no criminal antecedent as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five 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, 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 Dhoraiya P.S. Case No. 328 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner will not indulge himself in any similar offence till conclusion of the trial.

6. The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.48686 of 2023(2) dt.24-08-2023 3/3 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