Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76173 of 2024 Arising Out of PS. Case No.-957 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Sunny Kumar S/o Dinesh Mandal R/o Mohalla- Laxmisagar, Chunabhatti, P.S.- L.N.M.U., Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 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 offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
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 73.800 liters of Nepali liquor is said to have been recovered from a motorcycle. Petitioner is the owner of the said motorcycle. It is further submitted that the co-accused, Chhotu Kumar took motorcycle of the petitioner from his house to visit his relatives and petitioner has no concern either with the
Patna High Court CR. MISC. No.76173 of 2024(2) dt.19-11-2024 2/3 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. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner has two criminal antecedents of similar nature of the offence as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code : 800016018.
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 P.R. Case No. 17 of 2018 or G.O. Case No.957 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions
Patna High Court CR. MISC. No.76173 of 2024(2) dt.19-11-2024 3/3 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.
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 Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T