Rajan Kumar @ Radan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70108 of 2023 Arising Out of PS. Case No.-54 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== Rajan Kumar @ Radan Kumar Son Of Krishna Kumar Mahto Village -Ajnaul Dih ,Ward No8, P.S- Dalsing Sarai ,District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, 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 Section 414 of the IPC and u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

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 310 liters of illicit liquor is said to have been recovered from the motorcycle. Petitioner has been made accused in the present case because he is the owner of the said motorcycle mentioned in para 8 of the application. Petitioner was not apprehended on the spot. Petitioner has no concern either with the seized liquor

Patna High Court CR. MISC. No.70108 of 2023(3) dt.31-01-2024 2/3 or any trade of liquor. He further submitted that the brother-inlaw, Dhiraj Kumar of the petitioner has forcibly took away the motorcycle of the petitioner in the absence of the petitioner, regarding the same father of the petitioner, namely, Krishna Kumr Mahto filed an information petition before Sarpanch, Ajnaur and Sub-Divisional Officer, Dalsing Sarai. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in account of Mahavir Cancer Sansthan, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch.

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

Patna High Court CR. MISC. No.70108 of 2023(3) dt.31-01-2024 3/3 connection with Phulwaria P.S. Case No. 54 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) The one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) 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.

(Anjani Kumar Sharan, J) annpurna/- U T