Sudama Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11971 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- KALYANPUR District- East Champaran ====================================================== SUDAMA RAI Son of Late Dasai Rai Resident of Village- Jamuna Pur, P.S.- Kalyanpur, Distt- East Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2021 Heard the parties.
Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Kalyanpur P.S. Case No.257 of 2020, registered for the offence punishable u/s 272, 273, 34 of the IPC and section 30 (a) of the Bihar Prohibition and Excise Act 2016. Altogether 29.550 liters of foreign liquor is said to have been recovered from the hut of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. Neither the
Patna High Court CR. MISC. No.11971 of 2021(2) dt.30-11-2021 2/3 petitioner has been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or the place of recovery. He has been falsely implicated in this case due to dirty politics and highhandedness of the informant. Petitioner has no criminal antecedent, as mentioned in para-3 of the anticipatory bail application.
Petitioner is agreed to deposit a sum of Rs. 50,000.00/- (Rupees Fifty Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. 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 the learned court below where the case is pending/Successor Court in connection with Kalyanpur P.S. Case No.257 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the
Patna High Court CR. MISC. No.11971 of 2021(2) dt.30-11-2021 3/3 learned Court below on showing receipt of deposit of Rs.50,000.00/- (Rupees Fifty Thousand) in the Chief Minister's Relief Fund, Bihar.
(Anjani Kumar Sharan, J) pallavi/- U T