Kameshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64240 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Kameshwar Singh Son of Manik Chandra Singh Resident of Village - Sekhpura, P.S. - Nararikala Khurd, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner 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 petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a)of the Bihar Prohibition and Excise Act.
It is alleged that 15 litres of beer has been recovered from the motorcycle of the petitioner. The apprehended coaccused person disclosed the name of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.64240 of 2021(2) dt.01-04-2022 2/3 case. He submits that though recovery has been made from the motorcycle of the petitioner but he was not apprehended from the spot. His name got surfaced on the basis of confession of apprehended co-accused persons. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of 15,000.00 ₹ (Rupees Fifteen Thousand) 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 Code- 153, IFSC Code-SBIN0000153.
Considering the facts and circumstances of the case, 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 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 NTPC Khaira P.S. Case No. 36 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. as also the following conditions:
Patna High Court CR. MISC. No.64240 of 2021(2) dt.01-04-2022 3/3
(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 15,000.00 (Rupees Fifteen Thousand) in the Bihar Kishore ₹ Nyay Nidhi, Patna.
(Anjani Kumar Sharan, J) devendra/- U T