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Patna High CourtCR. MISC./69405/2024allowed

Ritesh Raj v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69405 of 2024 Arising Out of PS. Case No.-234 Year-2022 Thana- DAWATH District- Rohtas ====================================================== Ritesh Raj S/O Ramanand Singh R/O Village- Dhawai, P.S- Dawath, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard Mr. Satyapal Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

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

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 18 liters of country made liquor is said to have been recovered from a motorcycle. Petitioner is the owner of the said motorcycle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. It is further submitted that petitioner has given his motorcycle to coaccused to bring some article. The allegation levelled against

Patna High Court CR. MISC. No.69405 of 2024(2) dt.07-02-2025 2/3 the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent of similar nature of the offence as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No.: 7801893276, IFSC Code : IDIB000L501, Bank Name: Indian Bank, Branch-LNMI, Bailey Road, 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 Dawath P.S. Case No. 234 of 2022, 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 his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.69405 of 2024(2) dt.07-02-2025 3/3

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 Lawyers' Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) Trivedi/- U