Shiva Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57337 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== SHIVA SAHANI SON OF SURESH SAHANI Resident of village - Suro Baniya Tola, P.S.- Bachhwara, Distt.- Begusarai (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Singh For the Opposite Party/s :
Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2022 Heard 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 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016. Altogether 75 liters of country made liquor along with liquor making articles is said to have been recovered from Suroghat and seven persons including the petitioner is said to have been fled away from the spot.
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.57337 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 disclosure of the local chaukidar. Petitioner has no concern either with the seized liquor or any trade of liquor. The said place of recovery is an abandoned place and open for anyone. Similarly situated co-accused has been granted bail vide order dated 07.01.2022 passed in Cr.Misc. No.30817 of 2021. There is no compliance of section 100 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. 30,000.00/- (Rupees Thirty 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
Patna High Court CR. MISC. No.57337 of 2021(2) dt.04-03-2022 3/3 Court below, where the case is pending/Successor court, in connection with Bachhwara P.S. Case No.216 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.30,000/- (Rupees Thirty Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T