Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3866 of 2023 Arising Out of PS. Case No.-276 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== SHAMBHU KUMAR S/O NARESH SAO R/O VILLAGE AND P.O.- AMBA, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Altogether 285 litres country made liquor has been recovered from the tempo. The driver of the tempo succeeded in fleeing away.
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 rather 285 liters of country made liquor /foreign liquor is said to have been recovered from the tempo. Petitioner has no concern either with the seized
Patna High Court CR. MISC. No.3866 of 2023(2) dt.20-03-2023 2/3 liquor or the place of recovery or any 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. It is further submitted that the seized tempo does not belong to the petitioner. Petitioner has been made accused in this case merely on suspicion. He was not apprehended on the spot. Petitioner has four criminal antecedents as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 30,000.00 (Rupees Thirty Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
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 Aurangabad Muffasil P.S. Case No. 276 of 2021, subject
Patna High Court CR. MISC. No.3866 of 2023(2) dt.20-03-2023 3/3 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. 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