Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77367 of 2023 Arising Out of PS. Case No.-291 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== RAJA KUMAR Son of Rambabu Singh R/o vill - Hasanpur, ward no. 2, P.s. - Teghra, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2023 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 Bihar Prohibition and Excise Act, 2018.

3. Altogether 24 liters of illicit foreign liquor has been recovered from the place of occurrence. One person got apprehended on the spot and disclosed the name of the petitioner as one of the escaped person.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any

Patna High Court CR. MISC. No.77367 of 2023(2) dt.02-12-2023 2/3 trade of liquor. The allegation levelled against 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. He was not apprehended on the spot. He had not consumed liquor. The said Dera from where the illicit liquor has been recovered, belongs to the petitioner's father. Petitioner has separate accommodation to his parents, therefore, he has no knowledge regarding the said occurrence. He has been falsely implicated in the case on the confessional statement of the apprehended co-accused which has no evidentiary value in the eye of law. Petitioner has no criminal antecedents as mentioned in para-3 of this application.

5. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council 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

Patna High Court CR. MISC. No.77367 of 2023(2) dt.02-12-2023 3/3 sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Teghra P.S. Case No. 291 of 2023, 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, 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.

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 Patna High Court Legal Services Committee, Patna.

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