Shailendra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78868 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- ISUAPUR District- Saran ====================================================== SHAILENDRA KUMAR RAI SON OF SHIVJI RAY RESIDENT OF VILLAGE- LAUWA, PS- ISUAPUR, DIST- SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 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 the Bihar Prohibition & Excise Act, 2016.
3. Altogether 45 litres of country made liquor has been recovered from the bush behind the house of the petitioner. Petitioner is said to have fled away from 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 liquor. The allegation levelled against the petitioner is totally
Patna High Court CR. MISC. No.78868 of 2023(2) dt.12-12-2023 2/3 false and based on concocted facts. He was not apprehended on the spot. He had not consumed liquor. He has been made accused merely on the basis of the statement of mahal Choukidar. Petitioner has one criminal antecedent of similar nature that of the present case.
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 Isuapur P.S. Case No. 174 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.
Patna High Court CR. MISC. No.78868 of 2023(2) dt.12-12-2023 3/3
(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