Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79811 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== DINESH KUMAR Son of Mahendra Paswan R/o vill - Bhagwanpur, Near Prabhat Tara Hospital, Shivmandir, p.S. - Bhagwanpur, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard 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 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
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 4051.440 litres of foreign liquor have been recovered from different vehicles which was seized by the Police. The petitioner is the owner of one said Pick Up van in which 378 litres of foreign liquor was recovered. He further submits that petitioner has already sold his Pick up van and the agreement of sale is annexed as Annexure 2 in which he stated that when the entire
Patna High Court CR. MISC. No.79811 of 2023(2) dt.14-12-2023 2/3 amount be paid by one Rakesh Kumar then the said pick up van will transferred in the name of Rakesh Kumar. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten 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 Manigachi P.S. Case No. 44 of 2022, 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.
Patna High Court CR. MISC. No.79811 of 2023(2) dt.14-12-2023 3/3
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan (Anjani Kumar Sharan, J) Ranjeet/- U T