Raushan Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12403 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== RAUSHAN KUMAR MISHRA S/o Nand Kishore Mishra R/o VillBhikhanpura, Malang Asthan, Pragya Nagar, P.S.- Sadar, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2022 Heard the parties.

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 272, 273 IPC and section 30(a) of the Bihar Prohibition and Excise Act. Altogether 39.750 litres of foreign liquor is said to have been recovered from an Alto car. It is alleged that petitioner is the owner of said car.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.12403 of 2022(3) dt.20-09-2022 2/3 in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis that he is owner of the seized car. 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. Although the said car belongs to petitioner but the same was being driven by one Krishna Mahto, who is employee of petitioner since one year and had taken the car on pretext of carrying his mother to a Doctor for treatment and petitioner in good faith has permitted for the same. Petitioner has no 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 Bihar State Legal Services Authority, Budh Marg, Patna bearing Account No.0380000100252472, IFSC PUNB0038000, Punjab National Bank.

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.12403 of 2022(3) dt.20-09-2022 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 Kudhani P.S. Case No.218 of 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.10,000.00/- (Rupees Ten Thousand) in the Bihar State Legal Services Authority.

(Anjani Kumar Sharan, J) pallavi/- U T