Nand Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85822 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.
Nand Kumar Singh S/O Ram Lakhan Singh Resident of Village- Kalyanganj Bangraha, P.S.- Vidyapatinagar, District- Samastipur. 2.
Raja Kumar @ Ranjan Kumar S/O Ramlaulin Ray Resident of VillageSimri (incorrectly mentioned in the F.I.R. as Village- Alampur Simri), P.S. Vidyapatinagar, District- Samastipur. - ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suneil Kumar Thakur, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Altogether 392.10 litres of foreign liquor has been recovered from the seized Pickup van.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious possession of the petitioners or from their house. They have no concern either with the seized liquor or the place of recovery or
Patna High Court CR. MISC. No.85822 of 2024(2) dt.16-12-2024 2/3 any trade of liquor. The allegation levelled against the petitioners is totally false and based on concocted facts. They were not apprehended on the spot. They are neither the driver nor the owner of the seized vehicles. Their names have been transpired in the present case merely on the basis of the disclosure made by the driver of the alleged recovery van. Learned counsel further submits that petitioner no.1 has two criminal antecedents, whereas petitioner no.2 has no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioners are agreed to deposit a sum of Rs. 15,000.00/- (Rupees Fifteen Thousand) and Rs. 5,000.00/-, (Rupees Five Thousand), respectively in 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 petitioners, be released on bail, in the event of their 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) 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 Vidyapatinagar P.S. Case No. 136 of 2024,
Patna High Court CR. MISC. No.85822 of 2024(2) dt.16-12-2024 3/3 subject to the condition as laid down under Section 482(2) of the BNSS, 2023, subject to the further conditions that
(1) That one of the bailors will be a close relative of 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.
(2) That 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 after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) divyanshi/- U T