Praveen Kumar@ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38806 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== PRAVEEN KUMAR@ SANTOSH KUMAR S/O LATE BINDU MAHTO R/o village- Sijauli, Ward No. 5, P.S.- Dalsinghsarai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Dalsinghsarai P.S. Case No.85 of 2021 (Computer registration no.391 of 2021), registered for the offence punishable under Sections 272, 273 of the IPC and sections 30(a), 32, 41(i)(ii) of the Bihar Prohibition and Excise Act 2016.

Altogether 20 liters of illicit liquor is said to have been recovered from the house of the petitioner.

Patna High Court CR. MISC. No.38806 of 2021(2) dt.17-09-2021 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. Neither the petitioner has been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case due to enmity and village politics. The said recovery has been made from a Maruti Swift Desire car which does not belongs to the petitioner but merely on the basis of confessional statement of co-accused, petitioner has been implicated in this case. Petitioner has two criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 03.04.2021.

Petitioner is agreed to deposit a sum of Rs. 5,000.00/- (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of case, let the above named petitioner, be released 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

Patna High Court CR. MISC. No.38806 of 2021(2) dt.17-09-2021 3/3 learned Court below where the case is pending/successor Court, in connection with Dalsinghsarai P.S. Case No.85 of 2021 (Computer registration no.391 of 2021), with the following conditions:- (1) That 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 the petitioner. He will also undertake to inform the Court if there is any change in the address of the 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 after his/her 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 deposit of Rs.5,000.00/- (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar.

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