Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73409 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Munna Kumar S/o Ram Babu Sah R/o vill - Ambedkar Colony New Police Line Ara, P.S. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 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.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 6 litres of foreign liquor is said to have been recovered from the Scooty. He submits that the petitioner is the owner of the seized vehicle. He submits that one friend of the petitioner demanded the alleged scooty to bring some urgent medicine for his mother. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of
Patna High Court CR. MISC. No.73409 of 2024(2) dt.24-10-2024 2/3 Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
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 Udwantnagar P.S. Case No. 229 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, 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.
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, Patna.
7. However, the learned court below shall accept the
Patna High Court CR. MISC. No.73409 of 2024(2) dt.24-10-2024 3/3 bail bond of the petitioner after verifying the fact that the petitioner has got no criminal antecedent.
(Anjani Kumar Sharan, J) devendra/- U T