Mukendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49396 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- JADOPUR District- Gopalganj ====================================================== MUKENDRA KUMAR S/o Rajendra Singh R/o village- Ramnagar, Ward No. 8, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 36.85 liters of foreign liquor is said to have been recovered from the hut of the petitioner. He has no concern either with the seized

Patna High Court CR. MISC. No.49396 of 2022(2) dt.04-11-2022 2/3 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 at the instance of his enemy by planting the aforesaid recovery. As a matter of fact, the place of recovery i.e. the hut is situated near Chharki Bandh, which does not belong to the petitioner or his family members. Petitioner has two criminal antecedents as mentioned in para-3 of this application and out of two one is similar nature of the offence. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the account of Member Secretary, Bihar State Legal Services Authority, bearing Account No.0380000100252472, IFS Code: PUNB0038000, Punjab National Bank.

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 Jadopur P.S. Case No. 70 of 2022, subject to

Patna High Court CR. MISC. No.49396 of 2022(2) dt.04-11-2022 3/3 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 his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the aforesaid account.

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