Ramesh Kumar @ Rameshu @ Ramesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56470 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== RAMESH KUMAR @ RAMESHU @ RAMESH KUMAR SINGH S/O RASBIHARI SINGH @ MUNNI SINGH RESIDENT OF VILLAGEDIHRA, P.S. SONVERSHA O.P., DISTRICT- BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak, Adv.
For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Altogether 6 litres 120 M.L. illicit liquor has been recovered from the Village Dihara. On seeing the police party, petitioner is said to have fled away from the spot throwing a bag from which the alleged illicit liquor has been recovered.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern
Patna High Court CR. MISC. No.56470 of 2023(2) dt.15-09-2023 2/3 either with the seized liquor or place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. He has been made accused in the present case merely on suspicion. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, 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 Nawanagar (Sonversha O.P.) P.S. Case No. 200 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.56470 of 2023(2) dt.15-09-2023 3/3
(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.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) divyanshi/- U T