Bouni Kumar @ Azad @ Azad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7943 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- NADI P.S. District- Patna ====================================================== BOUNI KUMAR @ AZAD @ AZAD KUMAR SON OF GEHUMAN PASWAN @ SHYAM BABU PASWAN R/O VILLAGE- SAMMASPUR, P.S.- FATUHA, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar No.1, Adv.
For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2022 Mr. Dilip Kumar No.1, learned Advocate has informed this Court that the arguing counsel Mr. Ashok Kumar is no more and accordingly, with the permission of the Court, he has argued this case on behalf of the petitioner.
Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act 2016.
Altogether 12.400 litres of country made liquor is said to
Patna High Court CR. MISC. No.7943 of 2022(2) dt.15-07-2022 2/3 have been recovered from Sammaspur burning ghat and one persons was apprehended, who disclosed the name of petitioner and others as the persons who fled away on seeing the police. 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. His name transpired in this case on the confessional statement of coaccused Chandan Paswan. Petitioner has neither 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. Petitioner has one criminal antecedent, as also mentioned in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs.5,000.00/- (Rupees Five Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, 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
Patna High Court CR. MISC. No.7943 of 2022(2) dt.15-07-2022 3/3 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 Nadi P.S. Case No.96/2021, 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 deposit of Rs.5,000.00/- (Rupees Five Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T