Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57456 of 2021 Arising Out of PS. Case No.-308 Year-2019 Thana- KOTWA District- East Champaran ====================================================== RUPESH KUMAR SON OF BANDHU KISHORE SINGH R/O VILLAGEKOTWA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2022 Heard learned counsel for the parties.
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 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act. Altogether 11.570 liters of foreign liquor is said to have been recovered from the motorcycle of one apprehended person and he disclosed that the liquor was given to him by the petitioner.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged
Patna High Court CR. MISC. No.57456 of 2021(2) dt.04-03-2022 2/3 in the FIR. He has been falsely implicated in this case due to ulterior motive. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Name of petitioner transpired in the case on the basis of confessional statement of the apprehended accused. Petitioner has no concern either with the seized liquor or any trade of liquor. The said motorcycle, from which the recovery has been made, does not belongs to the petitioner. There is no compliance of section 100 (4) of the Cr.P.C. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten 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
Patna High Court CR. MISC. No.57456 of 2021(2) dt.04-03-2022 3/3 connection with Kotwa P.S. Case No.308 of 2019, 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/- (Rupees Ten Thousand) in Juvenile Justice Fund. (Anjani Kumar Sharan, J) pallavi/- U T