Amrendra Singh @ Amrendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66711 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- Mohanpur District- Purnia ====================================================== 1.
Amrendra Singh @ Amrendra Kumar Son Of Ashok Kumar Resident Of Village - Baliya, P.S.- Mohanpur, District - Purnea. 2.
Amit Singh @ Amit Kumar Son Of Arjun Singh Resident Of Village - Baliya, P.S.- Mohanpur, District - Purnea.
3.
Sonu Singh @ Sonu Kumar Singh Son Of Arjun Singh Resident Of Village - Baliya, P.S.- Mohanpur, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Learned counsel for the petitioners submits that the petitioner no. 3 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 3.
2. Permission is granted.
3. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 3.
4. Heard learned counsel for the petitioners and learned A.P.P. for the State for consideration of bail with regard to rest of the petitioners.
5. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.66711 of 2024(2) dt.03-10-2024 2/3
6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 54 liters of country made liquor is said to have been recovered which was kept in Jute Bag as well as from the dicky of the motorcycle. He submits that the local Chowkidar disclosed the name of the petitioners. Petitioner no. 2 has no criminal antecedent and petitioner no. 1 has one criminal antecedent as mentioned in para-3 of this application.
7. Petitioner no. 1 is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) and petitioner no. 2 is agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
8. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.66711 of 2024(2) dt.03-10-2024 3/3 Court below where the case is pending/successor Court in connection with Mohanpur P.S. Case No. 61 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that:
(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
9. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) devendra/- U T