Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42780 of 2024 Arising Out of PS. Case No.-452 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SUDHIR KUMAR S/O JITENDRA MAHTO @ VIGAN @ JITENDRA SINGH R/O VILLAGE- DAHIYAR, P.S- SASARAM (MUFFASIL), DISTT.- ROHTAS.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Tripathy, Adv.
For the Opposite Party/s :
Ms. Asha Kumari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Altogether 60 litres of country made liquor has been recovered from the bank of a river. Petitioner is said to have fled away from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or
Patna High Court CR. MISC. No.42780 of 2024(2) dt.02-08-2024 2/3 any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case on the basis of secret information. He was not apprehended on the spot. He had not consumed liquor. He further submits that the similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 21.12.2023 in Cr. Misc. No. 81319 of 2023. Petitioner has one criminal antecedent not of similar nature that of the present case.
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 within a period of six 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 Sasaram (M) P.S. Case No. 452 of 2023,
Patna High Court CR. MISC. No.42780 of 2024(2) dt.02-08-2024 3/3 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. (Anjani Kumar Sharan, J) divyanshi/- U T