Pintu Upadhyay @ Shivshankar Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51390 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- NASRIGANJ District- Rohtas ====================================================== 1.
Pintu Upadhyay @ Shivshankar Ojha Son Of Baliram Ojha 2.
Baliram Ojha Son Of Late Jagdish Ojha both R/O Mohalla- Shivganj Paliroad, P.S.- Dehri, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Mishra For the Opposite Party/s :
Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 120B of the Indian Penal Code, Sections 30(a)(c)/36/38 of the Bihar Prohibition and Excise Act and Sections 25(1-b)a/26/35 of the Arms Act.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious
Patna High Court CR. MISC. No.51390 of 2021(2) dt.17-02-2022 2/3 possession of the petitioners rather huge quantity of illicit liquor, one country made rifle and one live cartridge are said to have been recovered from the rice mill. He submits that nothing was recovered from the possession of the petitioners rather alleged recovery was made from the premises of the rice mill regarding which the grandfather of the petitioner no. 1 and father of the petitioner no. 2 has executed a deed of lease an agreement in favour of Sonu Kumar on 16.03.2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road Patna, bearing Saving Account No. 35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code- 153, IFSC Code-SBIN0000153.
Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.51390 of 2021(2) dt.17-02-2022 3/3 below where the case is pending/successor court in connection with Nasriganj P.S. Case No. 18/2021, 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. 10,000.00 (Rupees Ten Thousand) in the Bihar Kishore Nyay Nidhi, Patna.
(Anjani Kumar Sharan, J) devendra/- U T