Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21380 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

ARBIND KUMAR S/o Vidya Nand Rai Resident of Village- Jagdishpur, P.S.- Maniyari, District- Muzaffarpur.

2.

Dharmendra Kumar S/o Vidya Nand Rai Resident of Village- Jagidispur, Police Station- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard learned counsel for the petitioners and learned APP for the State 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 undertaken period, office will place the matter before the Bench. Petitioners apprehend their arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Altogether 114.80 liters of foreign liquor is said to have been recovered from a Bolero Pickup van parked near the hut of one Lalita Devi, who disclosed that the said liquor belongs to

Patna High Court CR. MISC. No.21380 of 2022(2) dt.05-08-2022 2/3 the petitioners and others.

Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. They have been falsely implicated in this case with ulterior motive. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. Petitioners have no concern either with the seized liquor or any trade of liquor. The said pickup, from which recovery has been made, does not belongs to the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application. Petitioners are agreed to deposit a sum of Rs.50,000.00/- (Rupees Fifty Thousand) each 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 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 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.21380 of 2022(2) dt.05-08-2022 3/3 learned Court below, where the case is pending/Successor court, in connection with Maniyari P.S. Case No.285 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:

(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 petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.50,000/- (Rupees Fifty Thousand) each in the Juvenile Justice Fund.

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