Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83233 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Bipin Kumar Son Of Late Lalan Rai Resident Of Village- Laxmi Narayanpur, Ps- Tisiauta, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehend his arrest in a case registered for the offences punishable under Section 30(a), 41 (i), 41(ii) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. It is submitted by learned counsel for the petitioner that no incriminating article have been recovered from the conscious physical possession of the petitioner rather 268.200 litres of foreign liquor is said to have been recovered from a ten wheeler container. Petitioner is a driver of the said container and he has no concern either with the seized liquor or the place of
Patna High Court CR. MISC. No.83233 of 2023(2) dt.08-01-2024 2/3 recovery. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty 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, 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 Excise P.S. Case No. 58 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 petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.83233 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