Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21382 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== 1.
SANTU KUMAR SON OF CHANI SINGH @ CHANDRIKA SINGH R/O VILLAGE- HIRDAN BIGHA, P.S.- BARHIYA, DISTRICTLAKHISARAI 2.
MANTU KUMAR SON OF CHANI SINGH @ CHANDRIKA SINGH R/O VILLAGE- HIRDAN BIGHA, P.S.- BARHIYA, DISTRICTLAKHISARAI 3.
SANTOSH KUMAR SON OF CHANI SINGH @ CHANDRIKA SINGH R/O VILLAGE- HIRDAN BIGHA, P.S.- BARHIYA, DISTRICTLAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Adv.
For the Opposite Party/s :
Mrs.Renuka Ratnakar, 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 Amendment Act, 2018. Altogether 378 liters of foreign liquor is said to have been
Patna High Court CR. MISC. No.21382 of 2022(2) dt.05-08-2022 2/3 recovered from outside of the house of the petitioners. 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 due to village politics. 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 or the place of recovery. The recovery has been made from behind the houses of the petitioner, which is easily accessible by anyone. There is no compliance of section 100 Cr.P.C. Petitioner nos.1 and 2 have no criminal antecedent and petitioner no.3 has one criminal antecedent.
Petitioners are agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty 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
Patna High Court CR. MISC. No.21382 of 2022(2) dt.05-08-2022 3/3 bonds 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 Barhiya P.S. Case No.29 of 2022, 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.30,000/- (Rupees Thirty Thousand) each in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T