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Patna High CourtCR. MISC./74475/2022allowed

Govind Kumar v. The State Of Bihar

2023-01-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74475 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== GOVIND KUMAR Son of Bhola Yadav @ Bhulluy Yadav Resident of Village - Godhi, P.S.- Kuil, District - Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shaukat Alam For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

110 litres of country made liquor has been recovered from the spot. Allegation against the petitioner is that he threw the illicit liquor on the road and fled away. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that nearby people disclosed the name of the petitioner. It is further submitted that there is no

Patna High Court CR. MISC. No.74475 of 2022(2) dt.13-01-2023 2/3 recovery from the conscious possession of the petitioner. Petitioner is agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) in the P.M. Cares Fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail 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 Vth-cumSpecial Judge Excise Court-II, Lakhisarai in connection with Kuil P.S. Case No.82 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as 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. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.74475 of 2022(2) dt.13-01-2023 3/3 the learned court below on showing receipt of deposit of the aforesaid amount in the PM Cares Fund.

(Anjani Kumar Sharan, J) S.KUMAR/- U T