Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36484 of 2021 Arising Out of PS. Case No.-586 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Vishal Kumar S/O Ranjan Singh R/O Village-Bari Aeighu, Mohan Eghu, P.S.-MUFFASIL, District-Begusarai.

2.

Kunal Kumar S/O Ranjan Singh R/O Village-Bari Aeighu, Mohan Eghu, P.S.-MUFFASIL, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 120B of the Indian Penal Code and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.36484 of 2021(2) dt.21-12-2021 2/3 possession of the petitioners rather 1301.625 liters of foreign liquor is said to have been recovered from the truck and house of the co-accused. He further submits that petitioners have four criminal antecedent of similar nature as stated in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs. 1,00,000.00 (Rupees One Lakh) each in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond 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 Muffasil P.S. Case No. 586 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further conditions:

(I) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.36484 of 2021(2) dt.21-12-2021 3/3 who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioners.

(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners is implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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