Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63319 of 2023 Arising Out of PS. Case No.-322 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Rakesh Kumar Son Of Ram Bali Ram R/O Vill - Jinoriya, P.S. - Daudnagar, Distt. - Aurangabad 2.
Munna Kumar Son Of Birja Singh R/O Vill - Karmakala Dhanaw, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 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 Section 30 (a) of the Bihar Prohibition and Excise Act.
3. 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 12 liters of country made liquor is said to have been recovered from the two motorcycles. He submits that the petitioners are the owner of the seized motorcycles. Petitioners have no criminal antecedent as mentioned in para-3
Patna High Court CR. MISC. No.63319 of 2023(2) dt.19-10-2023 2/3 of this application.
4. Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
5. 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 Daudnagar P.S. Case No. 322 of 2023, 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 wife.
(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
6. The bail bond of the petitioners shall be accepted
Patna High Court CR. MISC. No.63319 of 2023(2) dt.19-10-2023 3/3 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) devendra/- U T