Sachiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34059 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- PATORI District- Samastipur ====================================================== SACHIV KUMAR Son of Laldev Rai Resident of Village - Hatanpur, P.S.- Patori, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 29.010 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that on the basis of confessional statement of the co-accused, Lallu Sah, name of this petitioner surfaced in this case. He further submits that the alleged recovery has been made from the shop of the co-accused Lallu Sah and house of the co-accused, Khukhur

Patna High Court CR. MISC. No.34059 of 2021(2) dt.09-06-2022 2/3 Rai and the petitioenr has no concern with the alleged recovery. Save and except the confession of the co-accused, no cogent material has come against the petitioner. He further submits that similarly situated co-accused, Khurkhur Rai @ Khurkhur Kumar @ Ravi Ranjan Kumar has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.09.2021 passed in Cr. Misc. No. 33546 of 2021. Hence, the petitioner may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shahpur Patory P.S. Case No. 74 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-

(1) Petitioner shall co-operate in the investigation and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court

Patna High Court CR. MISC. No.34059 of 2021(2) dt.09-06-2022 3/3 below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T