Munmun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78211 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- SANJHOLI District- Rohtas ====================================================== 1.
Munmun Kumar S/OLate Vijay Kumar Yadav @ Vijay Kumar Singh @ Mangru Singh R/O Village - Charpurwa,P.S- Sanjhauli District Rohtas at Sasaram 2.
Guddu Kumar S/O Vijay Kumar Singh @ Vijay Singh @ Sunil Singh R/O Village - Charpurwa,P.S- Sanjhauli District Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra, Adv.
For the Opposite Party/s :
Mr. Madan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Altogether 55 litres of country made liquor has been recovered near Panchayat Bhawan of Village- Charpurwa. Petitioners as well as other co-accused persons are said to have fled away from the spot after seeing the police.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the
Patna High Court CR. MISC. No.78211 of 2024(2) dt.21-11-2024 2/3 physical possession of the petitioners or from their house. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioners is totally false and based on concocted facts. They were not apprehended on the spot. Their names have been transpired in the present case merely on the basis of the identification made by local Chowkidar. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioners are agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) each 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 petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Sanjhauli P.S. Case No.169 of 2023, subject to the condition as laid down under Section 482 (2) of the
Patna High Court CR. MISC. No.78211 of 2024(2) dt.21-11-2024 3/3 BNSS, 2023, subject to the further conditions that
(1) 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 petitioner.
(2) 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 his 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 bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna.
8. The learned Court below is directed to verify the criminal antecedent of the petitioners. If it is found that the petitioners have criminal antecedent in similar nature of offence, then the bail bonds of the petitioners shall not be accepted by the learned Court below.
(Anjani Kumar Sharan, J) divyanshi/- U T