Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58040 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== 1.

Rahul Kumar Son Of Vijay Singh R/V- Salempur, P.S- Chandi, DistBhojpur 2.

Shiv Kewal Singh Son Of Firangi Singh R/V- Salempur, P.S- Chandi, DistBhojpur 3.

Pappu Kumar Son Of Bijendra Singh R/V- Salempur, P.S- Chandi, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 50 liters of country made liquor is said to have recovered from the place of occurrence.

Patna High Court CR. MISC. No.58040 of 2022(23) dt.15-12-2022 2/3 He submits that the local chowkidar disclosed the name of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application. Petitioners are agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case, let the above named petitioners, in the event of 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) each 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 Chandi P.S. Case No. 143 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the

Patna High Court CR. MISC. No.58040 of 2022(23) dt.15-12-2022 3/3 petitioners.

(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioners shall be accepted 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) devendra/- U T