MRITUNJAY SINGH v. THE STATE OF BIHAR
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
- Bihar Prohibition and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Binod Kumar Pandey Mr. Umeshanand Pandit 2 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 94 liters of country made liquor is said to have been recovered from the bike of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case at the instance of his enemy by Patna High Court CR. MISC. No.12574 of 2024(2) dt.29-02-2024 planting the aforesaid recovery. It is further submitted that the aforesaid bike was taken away by his co-villager for bringing his wife from his matrimonial home and due to owner of bike he has been made accused in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :[REDACTED] (fifth character is zero), MICR Code :800016018.
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 Nabinagar P.S. Case No. 295 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.12574 of 2024(2) dt.29-02-2024 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
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 Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.