Pintu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62936 of 2023 Arising Out of PS. Case No.-456 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== PINTU BIND Son of Gajar Bind RESIDENT OF VILLAGE DHADHANIYA PS BHABUA DISTRICT KAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg, Advocate.

For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendemnt) Act, 2018.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner rather 45 liters of country made liquor is said to have been recovered from the Motorcycle which does not belong to the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has two criminal antecedents of similar

Patna High Court CR. MISC. No.62936 of 2023(2) dt.17-10-2023 2/3 nature of offence. The place of recovery is an open place and easily accessible to anyone. The petitioner has falsely been implicated in the present case with an ulterior motive as well as enmity with the co-accused persons. The name of petitioner has come in the confessional statement of co-accused Pramod Kumar.

4. The petitioner is agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Bhabua P.S. Case No. 456 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C., subject to the further condition that;

(i) One of the bailors will be his own blood relative, preferably, father,

Patna High Court CR. MISC. No.62936 of 2023(2) dt.17-10-2023 3/3 mother, brother, sister and/or his wife.

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

6. 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 account of Patna High Court Legal Services Committee, Patna.

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