Baiju Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34285 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Baiju Sada SON OF LAKHAN SADA RESIDENT OF VILLAGE - BALWA, P.S.- SAHARGHAT, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Altogether 288 litres of Nepali liquor has been recovered from the seized vehicles. Seeing the police party, the accused persons are said to have fled away from the spot leaving their motorcycles.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has falsely been implicated in this case at the instance of his enemy. No incriminating article has been
2/4 recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He is neither the driver nor the owner of the seized vehicles. He was not apprehended on the spot. His name has been transpired in the present case merely with an intention to save the real culprit, namely, Mahesh Chandra Paswan, who is brother of Choukidar, by showing forged and fabricated affidavit allegedly sworn by the petitioner to this effect that the petitioner had purchased the aforesaid seized motorbike from the registered owner i.e. Mahesh Chandra Paswan. It is further submitted that petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below
3/4 within a period of eight weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Madhwapur P.S. Case No. 118 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that
(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) That 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 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.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna.
8. The learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent in similar nature of offence,
4/4 then the bail bond of the petitioner shall not be accepted by the learned Court below.
(Anjani Kumar Sharan, J) divyanshi/- U T