Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83729 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Deepak Kumar Son Of Rameshwar Bhagat R/O Village- Rajepur, P.S.- Rajepur, Disdtrict- East Champaran 2.
Binod Kumar Bhagat @ Vinod Kumar Bhagat @ Vinod Kumar Son Of Late Raghunath Bhagat R/O Village- Rajepur, P.S.- Rajepur, Disdtrict- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Rajepur P.S. Case No. 249 of 2023, registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 32, 34, 36, 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 206.265 litres of foreign liquor is said to have been recovered from the house of the Naresh Kumar. No person was apprehended from
Patna High Court CR. MISC. No.83729 of 2023(2) dt.09-01-2024 2/3 the spot. Allegation against the petitioners are that they fled away from the place of occurrence. There is general and omnibus allegation against the petitioners. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application.
4. Petitioners are agreed to deposit a sum of Rs. 5,000/- (Rupees Twenty 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 Rajepur P.S. Case No. 249 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.
Patna High Court CR. MISC. No.83729 of 2023(2) dt.09-01-2024 3/3 (ii) The petitioners will not indulge themselves in any similar offence till conclusion of the trial.
6. The bail bond of the petitioners will 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