Ajay Nat @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16212 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- SACHIVALAYA District- Patna ====================================================== 1.
AJAY NAT @ AJAY KUMAR SON OF KIRI NAT @ KIRYA NAT RESIDENT OF VILLAGE- CHITKOHARA POOL, JHOPARPATTI, P.S.- SACHIWALAYA, DISTRICT- PATNA 2.
BINOD NAT SON OF KIRI NAT @ KIRYA NAT RESIDENT OF VILLAGECHITKOHARA POOL, JHOPARPATTI, P.S.- SACHIWALAYA, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard the parties.
Learned counsel for the petitioners 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. Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Altogether 35 litres of country made liquor is said to have been recovered from a hut near the Railway line bridge. The allegation against the petitioners is that after seeing police, they fled away from spot.
Patna High Court CR. MISC. No.16212 of 2022(2) dt.30-09-2022 2/3 Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. The said place of recovery is an open place which is accessible to anyone. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) each 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) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16212 of 2022(2) dt.30-09-2022 3/3 learned Court below, where the case is pending/Successor court, in connection with Sachivalaya P.S. Case No.17 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 petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) each in the Bihar State Legal Services Authority.
(Anjani Kumar Sharan, J) shikha/- U T