Khursid Shekh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62158 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- DINARA District- Rohtas ====================================================== Khursid Shekh S/O Hadish Shek Resident Of Village- Natwar, P.S.- Natwar, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel for the petitioner that no incriminating articles has been recovered from the conscious physical possession of the petitioner rather 174.96 liters of country made liquor was recovered from a Tata Majic vehicle. The name of the petitioner surfaced in this case on the confessional statement of apprehended co-accused. Petitioner has no concern either with the seized liquor or the place of the recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in
Patna High Court CR. MISC. No.62158 of 2022(2) dt.02-12-2022 2/3 nature. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) 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.
Having heard 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 Dinara (Bhanas) P.S. Case No. 228 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.62158 of 2022(2) dt.02-12-2022 3/3
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. 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.
(Anjani Kumar Sharan, J) guddukr/- U T