Bikash Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77109 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== Bikash Kushwaha S/o Gangadhar Kushwaha Resident of village- Pujaha ptijirawa, PS- Shrinagar Pujaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 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. 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 29.280 liters of foreign liquor is said to have been recovered from the motorcycle. Petitioner has no concern with the seized liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The name of the petitioner has disclosed by apprehended co-accused person. Petitioner has no criminal antecedent as mentioned in para-3 of this

Patna High Court CR. MISC. No.77109 of 2024(2) dt.13-11-2024 2/3 application.

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

5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

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 connection with Tkakraha P.S. Case No. 33 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) That 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

Patna High Court CR. MISC. No.77109 of 2024(2) dt.13-11-2024 3/3 petitioners.

(ii) That 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 after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of 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, Patna. (Anjani Kumar Sharan, J) annpurna/- U T