Roushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80128 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== ROUSHAN KUMAR @ ROSHAN KUMAR S/O NAGESHWAR SAHANI R/O NAYA TOLA, NAUGACHIA, WARD NO. 22, P.S- NAUGACHIA, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the Opposite Party/s:

Mr.Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 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 Sections 30(a), 32(ii) of the Bihar Prohibition & Excise Act, 2018.

3. Altogether 382.44 litres foreign liquor has been recovered from the jute bags of ginger kept in Bolero pickup. Two persons were apprehended on the spot.

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. He has no concern either with the seized liquor or place of recovery or any trade of

Patna High Court CR. MISC. No.80128 of 2023(2) dt.15-12-2023 2/3 liquor. The allegation levelled against the petitioner is general and omnibus in nature. He is not the owner of the seized vehicle. He was not apprehended on the spot. He had not consumed liquor. His name has been transpired in the present case merely on the basis of the confessional statements of the apprehended co-accused. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) 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 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 Gopalpur (Rangra) P.S. Case No. 393 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

Patna High Court CR. MISC. No.80128 of 2023(2) dt.15-12-2023 3/3

(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 Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T