Sunil Kumar Dhobi @ Sunil Baitha @ Sunil Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76494 of 2024 Arising Out of PS. Case No.-263 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Sunil Kumar Dhobi @ Sunil Baitha @ Sunil Rajak S/O Wakil Baitha @ Wakil Dhobi R/O Village- Nagpur ,P.S- Rajpur District,Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 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 Sections 221, 223, 26 (2), 115 (2), 132, 121 (1), 121 (2), 109 & 3 (5) of the Bharatiya Nyaya Sanhita, under Section 27 of the Arms Act and 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 25.74 liters of foreign liquor is said to have been recovered from a bag laden on the motorcycle. Petitioner has been made accused in this case on the basis of disclosure made by an apprehended co-accused due to previous enmity. Petitioner has no concern
Patna High Court CR. MISC. No.76494 of 2024(2) dt.19-11-2024 2/3 either with the seized liquor or the place of recovery or any trade of liquor. 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. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five 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 Rajpur P.S. Case No. 263 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the further conditions that (i) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.76494 of 2024(2) dt.19-11-2024 3/3 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.
7. The court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no.3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no.3, this order will loose its force automatically.
(Anjani Kumar Sharan, J) Trivedi/- U T