Raju Kumar Sah @ Raju Sah v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act, 2018 ss. 30(a), 41(1)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Mr.Santosh Kumar : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Bishweshwar Ram 2 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment 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 70.800 litre of Banti Babli country made liquor is said to have been recovered from a motorcycle. Petitioner has been made accused on the confessional statement of Chaukidar. The allegation Patna High Court CR. MISC. No.83251 of 2023(2) dt.08-01-2024 levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 5,000/- (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, 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 Bhore P.S. Case No. 327 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. (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 Patna High Court CR. MISC. No.83251 of 2023(2) dt.08-01-2024 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Ranjeet/- 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.