Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83231 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== 1.
PINTU KUMAR S/O ASTANAND RAI VILLAGE- MALLIKPUR, WARD NO. 1, PS. RAGHOPUR, DIST. VAISHALI.
2.
Tinku Kumar Son of Astanand Rai VILLAGE- MALLIKPUR, WARD NO. 1, PS. RAGHOPUR, DIST. VAISHALI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Usha Kumari Singh For the Opposite Party/s :
Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. It is submitted by learned counsel for the petitioners that no incriminating article have been recovered from the conscious physical possession of the petitioners rather 96.375 litres of foreign liquor is said to have been recovered from a tempo. Petitioners have no concern either with the seized liquor or the place of recovery. The allegation levelled against the
Patna High Court CR. MISC. No.83231 of 2023(2) dt.08-01-2024 2/3 petitioners are not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
4. Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) each 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 petitioners, be released on bail, in the event of their arrest, 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 Raghopur (Rustampur O.P.) P.S. Case No. 220 of 2023, 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 petitioners will not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioners will be accepted by
Patna High Court CR. MISC. No.83231 of 2023(2) dt.08-01-2024 3/3 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