Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44252 of 2021 Arising Out of PS. Case No.-575 Year-2020 Thana- MAHUA District- Vaishali ====================================================== ANKIT KUMAR S/O UDAY SAH @ UDAY KUMAR SAH R/O VILLAGEKUSHAHAR KHASH, P.S.-MAHUA, DISTRICT-BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2022 Heard the parties through virtual Court proceedings. 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 undertaken period, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(A), 32(ii), 34(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act, 2016.

Altogether 24.375 liters of India made foreign liquor is said to have been recovered from the shrubs at the boundary of the field of one Damodar Rai and Mithilesh Kumar. Two persons escaped from the spot on seeing the police. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.44252 of 2021(2) dt.29-01-2022 2/3 is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case without any material evidence. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The place of recovery does not belongs to the petitioner. There is non-compliance of section 100 Cr.P.C. Petitioner has no criminal antecedent, as 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 Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan 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 Excise G.R. No.840 of 2020, arising out of

Patna High Court CR. MISC. No.44252 of 2021(2) dt.29-01-2022 3/3 Mahuua P.S. Case No.575 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:

(1) 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 petitioner. He will also undertake to inform the Court if there is any change in the address of 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 Juvenile Justice Fund.

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