Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70157 of 2021 Arising Out of PS. Case No.-366 Year-2021 Thana- BANIAPUR District- Saran ====================================================== ARJUN KUMAR Son of Late Sawaliya Sah Resident of Village- Baniyapur, P.S.- Baniyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 150 litres of illicit liquor has been recovered from the place of occurrence. It is submitted that the petitioner is said to have fled from the place of occurrence after seeing the police. Nearby people have disclosed the name of the petitioner. It is also submitted that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.70157 of 2021(2) dt.20-05-2022 2/3 Petitioner is agree to deposit a sum of Rs. 20,000/- (rupees twenty 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 facts aforesaid and 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 court below where the case is pending/successor court in connection with Baniyapur P.S. Case No. 366 of 2021, subject to the conditions:

(1) As laid down under Section 438 (2) of the Code of Criminal Procedure.

(2) One of the bailors will be own blood relative of the petitioner, preferably, father, mother, brother, sister and/or wife.

(3) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.70157 of 2021(2) dt.20-05-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount deposited in the Patna High Court Legal Services Committee, Patna.

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