Ajay Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44259 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== AJAY SHANKAR SINGH Son of Late Jagan Singh Resident of VillageBansohi, Behind Ramjanki Bazar, P.S.- Mashrakh, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Adv.
For the Opposite Party/s :
Mrs.Veena Rani Prasad, 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. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Altogether 18.78 liters of foreign liquor is said to have been recovered behind the Gumti shop and roof top of the petitioner's house. It is alleged that petitioner escaped from the spot but one accused was apprehended and he disclosed the name of petitioner.
Patna High Court CR. MISC. No.44259 of 2021(2) dt.29-01-2022 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to political rivalry. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name has been disclosed by the apprehended co-accused. Petitioner has no concern either with the seized liquor or any trade of liquor. The recovery is said to have been made behind the gumti shop of the petitioner but the same is an open place and it is also alleged that the recovery has been made from the house of the petitioner but that house is a joint family property, where other family members also reside.
Petitioner has no criminal antecedent, as also mentioned in para3 of this application. Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.
Patna High Court CR. MISC. No.44259 of 2021(2) dt.29-01-2022 3/3 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 Case No.184 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.20,000.00/- (Rupees Twenty Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T