Parash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42914 of 2021 Arising Out of PS. Case No.-81 Year-2021 Thana- SANOKHAR District- Bhagalpur ====================================================== PARASH BHAGAT S/O BASUKI BHAGAT R/O VILLAGE-KJAJURIYA, P.S- SANOKHAR, DISTRICT BHAGALPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2021 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 Sanokhar (Amdanda) P.S. Case No.81/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2018.
Altogether 195 liters of foreign liquor is said to have been recovered from a Tata sumo Victa vehicle coming from chatpatiya chowk. Petitioner being the driver of the said vehicle
Patna High Court CR. MISC. No.42914 of 2021(2) dt.29-10-2021 2/3 was apprehended on the spot.
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. No 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 on suspicion due to some ulterior motive. Petitioner was the driver of the vehicle but he was not aware of the goods kept in the vehicle and on the instruction of his owner, he was going to Bhagalpur Railway Station to bring some relatives of the owner. There is non compliance of section 100 Cr.P.C. Petitioner has no criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 12.06.2021.
Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten 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
Patna High Court CR. MISC. No.42914 of 2021(2) dt.29-10-2021 3/3 two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court, in connection with Sanokhar (Amdanda) P.S. Case No.81/2021, 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.10,000.00/- (Rupees Ten Thousand) in the Chief Minister's Relief Fund, Bihar.
(Anjani Kumar Sharan, J) pallavi/- U T