Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53190 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Binod Kumar S/O Devnandan Saw R/O Village- Tarar, Ps. Daudnagar, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 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) 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 2.250 liters of foreign liquor is said to have recovered from the motorcycle of the petitioner. He submits that petitioner has sold his motorcycle to one Arvind Kumar just prior to the occurrence on 25.02.2023 and handed over entire original documents and requisite signed documents to transfer the motorcycle in his name. He submits that there is

Patna High Court CR. MISC. No.53190 of 2023(2) dt.19-08-2023 2/2 no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

4. Learned APP for the State opposes the prayer for bail.

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 Aurangabad Town P.S. Case No. 162 of 2023, 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 shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) ajay/- U T