Shail Arora @ Sahil Arora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50050 of 2023 Arising Out of PS. Case No.-129 Year-2021 Thana- ASANWA District- Siwan ====================================================== Shail Arora @ Sahil Arora Son Of Sanjay Arora Resident Of A 1/135 Janakpuri B -1 S.O West Delhi ,POLICE Station -JANAKPURI, Distt- West Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 272, 273 and 308 of the Indian Penal Code and Sections 30(a)/ 41(1) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 22 liters of country-made liquor is said to have recovered from a car. He further submits that petitioner is the owner of the said car, therefore, he has been made accused in this case. He submits that he has given his car to his friend for going to Bihar at native place but in the way
Patna High Court CR. MISC. No.50050 of 2023(3) dt.12-09-2023 2/3 during the checking of vehicle some altercation took place between the police ans his friends and due that this false case has been instituted. He submits that there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
5. Considering the facts and circumstance of the case, let 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 below where the case is pending/successor court in connection with Asaon P.S. Case No. 129 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(i) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.50050 of 2023(3) dt.12-09-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) ajay/- U T