Uchit Kumar @ Ujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84733 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- SAKSOHRA District- Patna ====================================================== Uchit Kumar @ Ujeet Kumar Son of Dinesh Prasad @ Dinesh Mahto Resident of Vill- Saksohra, P.S.- Saksohra, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Altogether 6 liters of country made mahua liquor is said to have been recovered from motorcycle of the petitioner. One person apprehended on the spot, namely, Nitish Kumar, who is the brother of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either
Patna High Court CR. MISC. No.84733 of 2024(2) dt.12-12-2024 2/3 with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired only because he is owner of the said motorcycle. It is further submitted that petitioner is the brother of the apprehended person, Nitish Kumar, who took the petitioner's motorcycle without his consent. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) 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 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 Saksohra P.S. Case No.101 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS, 2023, with the following conditions:
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.84733 of 2024(2) dt.12-12-2024 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is 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 petitioner 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