Mintu Kumar @ Karu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66429 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== 1.

Mintu Kumar @ Karu Singh Son of Prem Singh R/O Vill. - Pohe, P.S.- Sikandra, District- Jamui 2.

Bambam Kumar Son of Suchita Singh R/O Vill. - Pohe, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Raj, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable u/s 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Altogether 345.2 liters of foreign liquor is said to have been recovered from the spot.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners or from their

Patna High Court CR. MISC. No.66429 of 2024(2) dt.31-01-2025 2/3 house. They have no concern either with the seized liquor or any trade of liquor. They have falsely been implicated in this case at the instance of their enemy. They were not apprehended on the spot. Their names have been transpired in the case only on the basis of suspicion. They have no criminal antecedent as mentioned in para 3 of the bail application.

5. Petitioners are agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) each in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. 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 Court below, where the case is pending/Successor court, in connection with Sikandra P.S. Case No.302 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

(i) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.66429 of 2024(2) dt.31-01-2025 3/3 the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

7. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.

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