IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62158 of 2022

Arising Out of PS. Case No.-228 Year-2022 Thana- DINARA District- Rohtas

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Khursid Shekh S/O Hadish Shek Resident Of Village- Natwar, P.S.- Natwar,

District- Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Asha Kumari, APP

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

02-12-2022

Heard learned counsel for the petitioner and learned

A.P.P. for the State through virtual Court proceedings.

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.

It is submitted by learned counsel for the petitioner

that no incriminating articles has been recovered from the

conscious physical possession of the petitioner rather 174.96

liters of country made liquor was recovered from a Tata Majic

vehicle. The name of the petitioner surfaced in this case on the

confessional statement of apprehended co-accused. Petitioner

has no concern either with the seized liquor or the place of the

recovery or any trade of liquor. The allegation levelled against

the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.62158 of 2022(2) dt.02-12-2022

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nature. There is nothing on record to indicate the complicity of

the petitioner barring the confessional statement of the

apprehended person which has no evidentiary value in the eye

of law. Petitioner has no criminal antecedent as mentioned in

para-3 of this application.

Petitioner is agreed to deposit a sum of Rs. 25,000.00

(Rupees Twenty Five Thousand) in the account of Patna High

Court Legal Services Committee, Patna, bearing Account No.

1413010060836, IFSC Code: PUNB141320, Punjab National

Bank, Bar Council Branch, Patna.

Having heard 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 Dinara (Bhanas) P.S. Case No. 228 of 2022

subject to the condition as laid down under Section 438 (2) of

the Cr.P.C, subject to the further conditions that

(1) 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.62158 of 2022(2) dt.02-12-2022

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(2) 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 Patna High Court Legal

Services Committee.

guddukr/-

(Anjani Kumar Sharan, J)

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