Ankit Kumar @ Amitabh Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53086 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== RANJEET SAH @ RANJEET KUMAR SAH S/O LATE SATRUDHAN SAH R/O VILLAGE- GANIPUR, BHANPUR, P.S- BALIGAON, DISTT.- VAISHALI.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53963 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== ANKIT KUMAR @ AMITABH AMAN S/O VISHNU VERMA @ VISHNU KUMAR R/O VILLAGE- GANIPUR, BHANPUR, P.S- BALIGAON, DISTT.- VAISHALI.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 53086 of 2023) For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s:
Mr. Kumar Ranjit Ranjan (In CRIMINAL MISCELLANEOUS No. 53963 of 2023) For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s:
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehends their arrest in a case registered for the offences punishable u/s 272, 273, 34 of the IPC and 30 (a) of Bihar Prohibition and Excise Amendment Act,
2/4 2018.
3. Altogether 164.25 liters of foreign liquor is said to have been recovered from a Qualis vehicle.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They have been falsely implicated in this case at the instance of their enemies. They were not apprehended on the spot and his name transpired in the case only on the basis of statement of local chaukidar. Petitioner namely, Ranjeet Sah @ Ranjeet Kumar Sah in Cr. Misc. No.53086 has one criminal antecedent of similar nature of offence whereas the other petitioner in Cr. Misc. No.53963 of 2023 has no criminal antecedent.
5. Petitioner namely, Ranjeet Sah @ Ranjeet Kumar Sah in Cr. Misc. No.53086 is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) and petitioner namely, Ankit Kumar in Cr. Misc. No.53963 of 2023 is agreed to deposit a sum of Rs.10,000.00 (Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code:
3/4 PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below, where the case is pending/Successor court, in connection with Baligaon P.S. Case No.72 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
(i) 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. (ii) 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.
4/4
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Patna High Court Legal Services Committee. (Anjani Kumar Sharan, J) shikha/- U T