Amit Kumar Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67426 of 2021 Arising Out of PS. Case No.-535 Year-2019 Thana- MASHRAK District- Saran ====================================================== Amit Kumar Tiwary S/O Arvind Tiwary R/O Village- Rampur, Motha, P.S.- Gouri, Op, District- Saran At Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Shekhar Pandey For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2022 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 Sections 272, 273, 414, 467, 468, 471 of the Indian Penal Code and Sections 30, 30(a), 36, 38, 41 of the Bihar Prohibition and Excise Act. 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 3881.880 liters of foreign liquor is said to have recovered from the truck. He submits that
Patna High Court CR. MISC. No.67426 of 2021(2) dt.01-07-2022 2/3 the apprehended person disclosed the name of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
However, learned APP for the State opposes the prayer for bail and submits that the petitioner is the member of the syndicate.
Petitioner is agreed to deposit a sum of Rs. 1,00,000.00 (Rupees One Lakh) in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
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 Mashrak P.S. Case No. 535 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(I) that one of the bailors will be a close relative of the
Patna High Court CR. MISC. No.67426 of 2021(2) dt.01-07-2022 3/3 petitioner, who will give an affidavit giving genealogy as to who 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) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) devendra/- U T