Kumkum Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87078 of 2024 Arising Out of PS. Case No.-990 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== 1.
Kumkum Kumari D/o- Sanjay Choudhary Village- Hanuman Ghat, Kedar Math, Ps-Alamganj Dist- Patna 2.
Rishi Raj @ Hero Kumar S/o- Sanjay Choudhary Village- Hanuman Ghat, Kedar Math, Ps-Alamganj Dist- Patna ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024
1. Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he does not want to press this application with regard to petitioner no. 1.
2. Accordingly, this application with regard to petitioner no. 1 is dismissed as not pressed.
3. Heard learned counsel for the petitioner no. 2 and learned A.P.P. for the State.
4. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act.
5. Learned counsel for the petitioners submits that the petitioner
Patna High Court CR. MISC. No.87078 of 2024(2) dt.18-12-2024 2/3 is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 22.4 liters of country made liquor is said to have been recovered nearby petitioner's house. He submits that the petitioner no. 2 has two criminal antecedents as mentioned in para-3 of this application.
6. Petitioner has agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand)each in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
7. Having regard to the facts and circumstances of the case, let the above named petitioner no. 2, 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 FiveThousand) 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 Alamganj P.S. Case No. 990 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S, subject to the further conditions that:
Patna High Court CR. MISC. No.87078 of 2024(2) dt.18-12-2024 3/3 (i) One of the bailors will be his own blood relative,preferably, father, mother, brother and their sister.
(ii) The petitioner shall not indulge in any similar offence till conclusion of the trial.
8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) Suruchi/- U T