Vikas Chandra Roy @ Vikash Chandra Roy @ Bikash Chandra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7392 of 2023 Arising Out of PS. Case No.-402 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== VIKAS CHANDRA ROY @ VIKASH CHANDRA ROY @ BIKASH CHANDRA RAY S/O LATE DINA NATH ROY @ LATE DINANATH ROY Resident of Village- Sipahi tola, Ward No. 5, Madhubani Road, P.S.- K. Hat, District- Punrea.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar, Adv.
For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act. Altogether 37.890 litres of foreign liquor is said to have been recovered from the Tempo 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. Petitioner has been falsely implicated in this case only on suspicion. His name transpired in this case on the basis of ownership of the said tempo. Petitioner has neither been apprehended on the spot nor any incriminating article has been
Patna High Court CR. MISC. No.7392 of 2023(2) dt.13-04-2023 2/3 recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Though, the said vehicle is registered in the name of the petitioner but it has been mentioned in para-8 of the bail application that since the Tempo had turned old and nonfunctional, the petitioner had sold the same to scrap dealer namely Sanjay Sahni in the year 2018 and the said Sanjay Sahni was apprehended on spot by the police. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Purnea Sadar/Sadar P.S. Case No.402 of 2019,
Patna High Court CR. MISC. No.7392 of 2023(2) dt.13-04-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions. (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) 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 and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.
(Anjani Kumar Sharan, J) pallavi/- U T