Subhankar Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39503 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== SUBHANKAR KAMTI son of Sh. Yogendra Kamti Village- Nehra Lulwa Chowk Ps- Manigachhi Nehra OP, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 467, 468, 471, 420 & 120B of the IPC read with section 30(a) of the Bihar Prohibition and Excise Act-2016.

3.

Altogether 6899.655 litres of foreign liquor is said to have been recovered from the spot and five accused persons were apprehended, who disclosed that petitioner and other accused fled away on seeing the police.

4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on

Patna High Court CR. MISC. No.39503 of 2023(3) dt.08-08-2023 2/3 the basis of confessional statement of the apprehended coaccused. 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 or the vehicles of recovery. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. 5.

Petitioner is agreed to deposit a sum of Rs.1,00,000.00/- (Rupees One Lac) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

6.

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 eight 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 Manigachhi (Nehra O.P) P.S. Case No.42 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C, as also the following conditions:

Patna High Court CR. MISC. No.39503 of 2023(3) dt.08-08-2023 3/3 (i) 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.

(ii) 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.

7.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,00,000.00/- (Rupees One Lac) in the Patna High Court Legal Services Committee.

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