Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59659 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== 1.
Navin Kumar Son of Jiyalal Rai Resident of Village - Salempur, P.S. - Lalganj, District - Vaishali.
2.
Suntesh Kumar Son of Dhaneshwar Rai Resident of Village - Narayanpur Chakarsul, P.S. -Vaishali, District - Vaishali. 3.
Birendra Paswan Son of Late Saguni Paswan Resident of Village - Rampur Milki, P.S. - Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyameshwar Kumar Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-03-2022 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 Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act.
Petitioners are said to be involved in the trade of illegal liquor.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.59659 of 2021(2) dt.11-03-2022 2/3 petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 414 liters of illegal liquor is said to have been recovered from the place occurrence. He submits that petitioners were neither present at the alleged place of occurrence nor any incriminating article have been recovered form the possession of the petitioners. He further submits that petitioner no. 1 has one criminal antecedent rather rest of the petitioners have no criminal antecedent as stated in para-3 of the bail application.
Petitioners are agreed to deposit a sum of Rs. 2,00,000.00 (Rupees Two Lakhs) each 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 Code153, IFSC Code-SBIN0000153. Considering the facts and circumstances of the case, the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.59659 of 2021(2) dt.11-03-2022 3/3 court below where the case is pending/successor court in connection with C2A 84/2021, 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 petitioners, who will give an affidavit giving genealogy as to how he is related with petitioners. He will also undertake to inform the Court if there is any change in the address of petitioners.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are 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 petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs. 2,00,000.00 (Rupees Two Lakhs) each in the Bihar Kishore Nyay Nidhi, Patna.
(Anjani Kumar Sharan, J) devendra/- U T