Kundan Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54500 of 2022 Arising Out of PS. Case No.-166 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Kundan Rajbhar Son of Sharma Rajbhar R/V Pukhreram P.S Mairwa, DistSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

43.560 litres of foreign liquor was recovered from the place of occurrence. The petitioner and another co-accused are said to have thrown the sacks and fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that nearby people disclosed

Patna High Court CR. MISC. No.54500 of 2022(2) dt.18-11-2022 2/3 the name of the petitioner. It is also submitted that there is no recovery from the conscious possession of the petitioner. Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, 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 learned Additional District & Sessions Judge-IInd-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No.166 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

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

Patna High Court CR. MISC. No.54500 of 2022(2) dt.18-11-2022 3/3 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 the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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