Chanchal Kumar Ray @ Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17043 of 2022 Arising Out of PS. Case No.-571 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

CHANCHAL KUMAR RAY @ CHANCHAL KUMAR Son of Madan Prasad Ray @ Madan Ray Resident of village - Pipari, P.S.- Sakra, District - Muzaffarpur.

2.

Amarjeet Kumar Ray @ Amarjeet Kumar Son of Madan Prasad Ray @ Madan Ray Resident of village - Pipari, P.S.- Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard the parties through virtual court proceedings. 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. Petitioner apprehends their arrest in connection with a case registered for the offence punishable u/s 467, 468, 469, 420, 471, 34, 272 and 273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether 690.12 litres of foreign liquor is said to have been recovered from a Truck and the driver has been apprehended on the spot, who disclosed the name of the

Patna High Court CR. MISC. No.17043 of 2022(2) dt.29-07-2022 2/3 petitioners, who fled away from the spot 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. Their name transpired in this case on the confessional statement of the apprehended coaccused. 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. Petitioners have no concern with the vehicles of recovery. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) each 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 petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds

Patna High Court CR. MISC. No.17043 of 2022(2) dt.29-07-2022 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Sakra P.S. Case No.571 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.20,000.00/- (Rupees Twenty Thousand) each in the Patna High Court Legal Services Committee.

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