Binod Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82239 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- PALASI District- Araria ====================================================== 1.
Binod Kumar Pandit Son of Fuleshwar Pandit R/O Chahatpur P.S.- Palasi District - Araria 2.
Thakkan Murmur Son of Sonatan Murmur R/O Janta Santhali, P.S.- Palasi District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Altogether 10 liters of country made liquor is said to have been recovered from a motorcycle. Three persons fled away from the place of occurrence on seeing the police party.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.82239 of 2024(2) dt.05-12-2024 2/3 physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They were not apprehended on the spot and their name transpired on the basis of disclosure made by nearby assembled people. Said motorcycle does not belong to the petitioners. Petitioners have no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the 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 petitioners, be released on bail, in the event of their 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) each 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 Palasi P.S. Case No.292 of 2024, subject to the condition as laid down under Section 482(2) of BNSS, 2023, with the following conditions:
Patna High Court CR. MISC. No.82239 of 2024(2) dt.05-12-2024 3/3 (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) priyanka/- U T