Gorakh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27055 of 2022 Arising Out of PS. Case No.-253 Year-2021 Thana- BARHARIA District- Siwan ====================================================== 1.
Gorakh Pandit Son Of Late Raji Pandit R/O Village- Shivdhari More, P.S.- Barhariya, District- Siwan 2.
Prakash Manjhi Son Of Vishwanath Manjhi R/O Village- Shivdhari More, P.S.- Barhariya, District- Siwan ... ... 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. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 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 Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) 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
Patna High Court CR. MISC. No.27055 of 2022(2) dt.26-08-2022 2/3 possession of the petitioner rather 19 liters of country made liquor is said to have recovered behind the shop of the petitioner no. 2. He further submits that petitioners have no criminal antecedents as stated in para-3 of the bail application. Petitioners are agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand)each 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 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 Barhariya P.S. Case No. 253 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(1) 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.27055 of 2022(2) dt.26-08-2022 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 are 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 petitioners 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