Gulshan Kumar@ Gulshan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70266 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== GULSHAN KUMAR@ GULSHAN YADAV SON OF SHAYM DEV YADAV RESIDENT OF VILLAGE- PATAHI PS -CHHAURAHI DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 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 Sections 272, 273, 420, 467, 468, 471, 414, 120(B), 34 of the IPC and Sections 30(a)/41(i) of the Bihar Prohibition & Excise Act, 2018.
3. Altogether, 1518.480 litres of country made liquor has been recovered from the seized vehicles parked at the field of one Narayan Das.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either
Patna High Court CR. MISC. No.70266 of 2023(3) dt.31-01-2024 2/3 with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is general and omnibus in nature. He was not apprehended on the spot. He had not consumed liquor. The place of recovery does not belong to the petitioner. The name of petitioner has been transpired in the present case merely on suspicion. Petitioner has three criminal antecedents of similar nature that of the present case, as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. 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 Khodawandpur (Chhaurahi O.P.) P.S. Case No. 174 of 2023, subject to the condition as laid down under
Patna High Court CR. MISC. No.70266 of 2023(3) dt.31-01-2024 3/3 Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T