Rana Ray @ Rana Gope v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57301 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== RANA RAY @ RANA GOPE S/o Raj Gope Roy R/o village- Dadupur, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma For the Opposite Party/s :
Mr.Veena Rani Prasad ====================================================== 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) of the Bihar Prohibition and Excise Act, 2016.
Altogether 159.480 liters of foreign liquor is said to have been recovered from a car and one accused was apprehended. It is alleged that the said car was followed by one motorcycle, which was driven by the petitioner but he fled 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.57301 of 2021(2) dt.04-03-2022 2/3 in the FIR. He has been falsely implicated in this case due to dirty village politics. 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 confession of the apprehended coaccused. Petitioner has no concern either with the seized liquor or any trade of liquor. Although the petitioner is the owner of the motorcycle but at the time, he was not driving the same. Petitioner has two criminal antecedents, as also mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 40,000.00/- (Rupees Forty 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 Vidyapatinagar P.S. Case No.48 of 2021,
Patna High Court CR. MISC. No.57301 of 2021(2) dt.04-03-2022 3/3 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.40,000/- (Rupees Forty Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T