Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78041 of 2023 Arising Out of PS. Case No.-379 Year-2023 Thana- MASHRAK District- Saran ====================================================== UMESH RAI SON OF CHANDAR RAY @ CHANAR RAY VILLAGE LAUWAN POLICE STATION ISUAPUR DISTRICT SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 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. 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 1375 liters of spirit is said to have been recovered behind the Dalan of co-accused, Nagendra Singh. The allegation against the petitioner is that he has supplied the aforesaid spirit in association of other co-accused. Petitioner has no concern either with the seized spirit or the place of recovery or any trade of spirit. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.78041 of 2023(2) dt.15-12-2023 2/3 not specific rather general and omnibus in nature. The place of recovery is an open place and easily accessible to anyone. Petitioner has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. Petitioner has four criminal antecedents of similar nature of the offence, as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code : 800016018.
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 Mashrakh P.S. Case No. 379 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.78041 of 2023(2) dt.15-12-2023 3/3 (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. (Anjani Kumar Sharan, J) Trivedi/- U T