Ankit Sinha @ Shera v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8722 of 2022 Arising Out of PS. Case No.-280 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== ANKIT SINHA @ SHERA SON OF LATE SUNIL KUMAR SINHA R/O MOHALLA- NAYA TOLA, YAMUNA MARKET, P.S.- KADAMKUAN, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Y.C. Verma, Sr. Adv.
Mr.Dinkar Kumar, Adv.
For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval 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.
Altogether 9.105 litres of India made foreign liquor is said to have been recovered from the four storey building of Late Sunil Kumar Sinha.
Learned senior counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence
Patna High Court CR. MISC. No.8722 of 2022(2) dt.15-07-2022 2/3 as alleged in the FIR. Petitioner has been falsely implicated in this case. 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. It is submitted that the learned court has issued show cause vide order dated 04.07.2020 and office of learned Court followed to ask for reply to the Police that the present excise case is vague and implication of sole named accused person has not been mentioned in the complaint of police (Annexure-2 series). Petitioner has two criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten 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 Rs.25,000/- (Rupees Twenty Five Thousand) with two
Patna High Court CR. MISC. No.8722 of 2022(2) dt.15-07-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kadamkuan P.S. Case No.280 of 2020, 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.10,000.00/- (Rupees Ten Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T