Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27109 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== RAUSHAN KUMAR S/o Mahesh Prasad Resident of Village- Bazar Samiti, Panchwati Nagar, Police Station- Bahadurpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2022 Heard the parties through virtual Court proceedings. 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 undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. Altogether 3.750 liters of foreign liquor is said to have been recovered from one accused person namely Solger and he disclosed that the said wine was demanded by the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case.

Patna High Court CR. MISC. No.27109 of 2021(5) dt.04-02-2022 2/3 Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name has transpired in this case only on the basis of confessional statement of the apprehended coaccused who alleged that the petitioner has demanded the said liquor. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner has three criminal antecedents, as also mentioned in para-2 of the supplementary affidavit. Petitioner is agreed to deposit a sum of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan 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 Court below, where the case is pending/Successor court, in connection with Special Case No.5142/2020 in Sultanganj P.S. Case No.209/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.

Patna High Court CR. MISC. No.27109 of 2021(5) dt.04-02-2022 3/3 (1) 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 petitioner. He will also undertake to inform the Court if there is any change in the address of 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.30,000.00/- (Rupees Thirty Thousand) in the Juvenile Justice Fund.

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