Arbind Kumar @ Arbind Ram @ Arbind Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87497 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- JALALPUR District- Saran ====================================================== Arbind Kumar @ Arbind Ram @ Arbind Kumar Ram S/o Bijendra Ram R/o Village- Inamipur, P.S.- Jalalpur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Pandey, Adv.
For the Opposite Party/s:
Mr. Sanjay Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 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 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Altogether 30 litres of illicit country made liquor has been recovered from the bushes. Seeing the police, petitioner is said to have fled away from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against
Patna High Court CR. MISC. No.87497 of 2024(2) dt.08-01-2025 2/3 the petitioner is totally false and based on concocted facts. On the alleged date, he was not even present at the place of occurrence. He was not apprehended on the spot. His name has been transpired in the present case merely on the basis of identification made by local people. He has three criminal antecedents of similar nature of offence as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, 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 Jalalpur P.S. Case No. 163 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023, subject to the further conditions that
Patna High Court CR. MISC. No.87497 of 2024(2) dt.08-01-2025 3/3
(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 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 Lawyers' Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) divyanshi/- U T