Vinod Kumar Gupta @ Vinod Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27870 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== Vinod Kumar Gupta @ Vinod Gupta Son Of Satyanarayan Gupta R/OBabhani Barhaj P.S.- Deoria, District- Deoria (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Satya Nand Sukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner 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 petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 420, 120(B) of the Indian Penal Code and Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1800 liters of country made liquor is said to have recovered from the Bolero Pick-up van. He
Patna High Court CR. MISC. No.27870 of 2022(2) dt.26-08-2022 2/3 submits that the petitioner has been made accused in this case due to owner of the vehicle. He submits that the vehicle is the public carrier vehicle and driver of the said vehicle was arrested on spot. He also enclosed the transit gatepass which is at Annexure-2 of this bail application. He further submits that petitioner has no criminal antecedents as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 25,000.00 (Rupees Twenty Five Thousand) in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna, bearing Saving Account No. 35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his 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) 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 Mairwa P.S. Case No. 141 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
Patna High Court CR. MISC. No.27870 of 2022(2) dt.26-08-2022 3/3 with further conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his 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 petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna.
(Anjani Kumar Sharan, J) devendra/- U T