Binod Singh @ Vinod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51957 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- DIGHA District- Patna ====================================================== BINOD SINGH @ VINOD SINGH Son of Ram Briksh Singh @ Sadhu Singh Resident of Village - Ramjeechak, Bata, P.S.- Digha, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2022 Heard learned counsel for 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 u/s 272, 273, 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act. Altogether 29 liters of foreign liquor is said to have been recovered from the Community Hall of the petitioner. 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.
Patna High Court CR. MISC. No.51957 of 2021(2) dt.17-02-2022 2/3 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. The recovery is said to have been made from the Community Hall of the petitioner but the same is managed by the Manager and on the date of recovery, it was booked for some function. The recovery is made from a room which is not even a part of the community hall. Petitioner has no criminal antecedent, as also mentioned in para-3 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. 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 Special Case No.3819/2020 (arising out of
Patna High Court CR. MISC. No.51957 of 2021(2) dt.17-02-2022 3/3 Digha P.S. Case No.294 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