Arvind Kumar @ Arvind Rai @ Jogar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77969 of 2023 Arising Out of PS. Case No.-494 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== ARVIND KUMAR @ ARVIND RAI @ JOGAR Son of Rambabu Ray R/o vill - Nepali Kothi, Kila Road, P.S. - Chowk, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
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 2.52 litres of foreign liquor is said to have been recovered from a bag. Petitioner has no concern 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
Patna High Court CR. MISC. No.77969 of 2023(2) dt.08-12-2023 2/3 in nature. Petitioner has been falsely implicated in this case at the instance of local villagers. 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/- (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 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 Chowk P.S. Case No. 494 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that (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
Patna High Court CR. MISC. No.77969 of 2023(2) dt.08-12-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sans. (Anjani Kumar Sharan, J) Ranjeet/- U T