Dhirendra Kumar @ Dherendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27007 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== DHIRENDRA KUMAR @ DHERENDRA KUMAR Son of Rajendra Singh Resident of Village - Jarang, P.S. - Vaishali (Belsar O.P.), District - Vaishali ... ... 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.Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2021 Heard the parties.
Learned counsel for the petitioner is directed to remove the defects within four weeks. In the eventuality of non-removal of defects within the 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 4668 liters of foreign liquor is said to have been recovered from a 18 wheeler Truck and the driver was apprehended on the spot. The driver has disclosed that he belongs to a gang of liquor smugglers including the petitioner and other persons.
Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.27007 of 2021(2) dt.10-12-2021 2/3 is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case. His name transpired in this case only on the basis of the confessional statement of the co-accused with whom, petitioner has no concern. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the truck from where the recovery of liquor has been made. He is not a member of any such gang as alleged by the co-accused. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs. Rs.1,00,000/- (Rupees One Lac) 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 sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.27007 of 2021(2) dt.10-12-2021 3/3 Court below, where the case is pending/Successor court, in connection with Special Case No.32/21, arising out of Bahadurganj P.S. Case No.176/2020, 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.1,00,000/- (Rupees One Lac) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T