Gorakh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5650 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- GOH District- Aurangabad ====================================================== GORAKH KUMAR Son of Munarik Saw Resident of Village and P.O, P.S.- Goh, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Sinha For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard the parties through virtual mode.
Learned counsel for the petitioner is directed to remove the defects as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Excise Prohibition Amendment Act, 2018.
Altogether 223.200 liters of country made liquor is said to have been recovered from an auto in Jagatpati Chowk. Petitioner is alleged to be the driver of the said vehicle. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case.
Patna High Court CR. MISC. No.5650 of 2021(4) dt.05-01-2022 2/3 No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. Similarly situated co-accused has already been granted bail vide order dated 22.03.2021 passed in Cr. Misc. No.1075 of 2021 and prayer for bail of one of the co-accused has been rejected vide order dated 26.11.2021 passed in Cr. Misc. No.12361 of 2021. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 25,000.00/- (Rupees Twenty Five Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council 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 Goh P.S. Case No.99 of 2020, subject to the
Patna High Court CR. MISC. No.5650 of 2021(4) dt.05-01-2022 3/3 condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:
(1) That 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 the petitioner. He will also undertake to inform the Court if there is any change in the address of the 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.25,000.00/- (Rupees Twenty Five Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T