Vishnu Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14602 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== VISHNU KUMAR SHARMA Son of Shambhu Dayal Sharma Resident of Block- No. 7/1/18, Road No. 4, Durga Puja Maidan, P.O.- Tatanagar, P.S. - Bagbera, Bagbera Colony, District - Purbi Singhbhum (Jhakhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar Singh, Adv For the Opposite Party/s :
Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 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 30(a)/30(c)/32/33/34/36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018 .
Altogether 440 litres of foreign liquor is said to have been recovered from a godown that belongs to one Vishnu Sharma. All the accused persons are the workers of a transport agency. The spirit was booked by Anjali Enterprises for Hind Hardware.
Patna High Court CR. MISC. No.14602 of 2022(2) dt.29-07-2022 2/3 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 at the instance of his enemies. 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. His name transpired in this case because he is the owner of the said transport agency. 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 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, since the petitioner is not the owner nor the recipient of the goods, 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
Patna High Court CR. MISC. No.14602 of 2022(2) dt.29-07-2022 3/3 Court below, where the case is pending/Successor court, in connection with Agamkuan P.S. Case No. 40 of 2022, 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) shikha/- U T