Rinku Chaudhari @ Rinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74222 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RINKU CHAUDHARI @ RINKU KUMAR SON OF KITAB SINGH R/O VILLAGE- LAHASAKI, P.S.- PALI, DISTRICT- ALIGARH (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 & 414/34 of the Indian Penal Code and Section 30 (a), 36 & 41 (1) of the Bihar Prohibition and Excise Amendment Act, 2018.

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 2432.16 liters of foreign liquor is said to have been recovered from a truck and petitioner is the owner of the truck. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against

Patna High Court CR. MISC. No.74222 of 2022(2) dt.18-01-2023 2/3 the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner is the owner of the seized truck and he has no role in the alleged crime. He has given the truck to his driver to ply on rent. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs.2,00,000.00 (Rupees Two Lakhs) in the PM 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.

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 Mohania P.S. Case No. 89 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.74222 of 2022(2) dt.18-01-2023 3/3 preferably, father, mother, brother, sister and/or his wife.

(2) 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 the learned Court below on showing receipt of deposit of the aforesaid amount in the PM Cares fund.

(Anjani Kumar Sharan, J) Trivedi/- U T