Shivam Mishra @ Shivendra Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30586 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== SHIVAM MISHRA @ SHIVENDRA KUMAR RAY Son of Anjir Mishra @ Anjir Ray Resident of Village - Chakhabib, Police Station- Bibhutipur, District- samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Excise (Amendment) Act, 2018.

Altogether 1029.600 litres of foreign liquor is said to have been recovered from the Bamboo-clump of the co-accused Chandra Shekhar Singh.

Learned counsel for the petitioner submits that petitioners is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.30586 of 2022(2) dt.08-09-2022 2/3 in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in the present case on the basis of the statement of chawkidar. Petitioner has neither 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. Petitioner has one criminal antecedent, which is also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Bibhutipur P.S. Case No.455 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,

Patna High Court CR. MISC. No.30586 of 2022(2) dt.08-09-2022 3/3 as also 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 and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory 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.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee.

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