Ramesh Kumar Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67292 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ramesh Kumar Agrawal Son of Bishwanath Agarwal Resident of Mohalla - Ward No.- 24, Near Primary School Ambedkar Nagar, P.S.- Town Samastipur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance:
For the Petitioner :
Mr. Abhay Shankar Singh, Advocate For the Opposite Party :
Mr. Arvind Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 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 (Amendment) Act, 2018.
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 4494.240 liters of country made foreign liquor is said to have been recovered from different vehicles. Petitioner is the owner of the seized vehicle (Tata ACE) in which 405 liters of Foreign liquor is said to have been recovered. 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 no criminal antecedent as mentioned in para-3 of this
Patna High Court CR. MISC. No.67292 of 2022(2) dt.23-12-2022 2/3 application.
Petitioner has agreed to deposit a sum of Rs. 50,000/- (Rupees Fifty 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 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 eight 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 in pending/successor Court in connection with Excise P.S. Case No. 94 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.
(2) The Petitioner shall not indulge himself in any similar offence til 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
Patna High Court CR. MISC. No.67292 of 2022(2) dt.23-12-2022 3/3 aforesaid amount in the account of Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) Shahnawaz/- U T