Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69271 of 2021 Arising Out of PS. Case No.-562 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== VINOD KUMAR Son of Late Jagdish Pandit Resident of Village- Manikpur, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-05-2022 Heard the parties.
Learned counsel for the petitioner is directed to remove the defects within four weeks. In the eventuality of non-removal of defects within the stipulated period, office will place the matter before the Bench.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272 and 273 IPC and section 30(a) of the Bihar Prohibition and Excise Act, 2016. Altogether 13.320 liters of foreign liquor is said to have been recovered from a bag hanging in the motorcycle of the petitioner.
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 at the instance of his enemies. Petitioner has neither been
Patna High Court CR. MISC. No.69271 of 2021(2) dt.20-05-2022 2/3 apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He is made accused in this case only on the basis that he is the owner of the motorcycle from which recovery has been made but the fact is that petitioner is an Army man and on the alleged date he was on duty in Jabalpur and the said motorcycle was used by his brother. Petitioner has no concern either with the seized liquor or any trade of liquor. One of the co-accused Siyaram Pandit has been granted bail by a co-ordinate Bench of this Court vide order dated 10.12.2019 passed in Cr. Misc. No.80837 of 2019. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty 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
Patna High Court CR. MISC. No.69271 of 2021(2) dt.20-05-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Saraiya P.S. Case No.562 of 2019, subject to the 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.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) pallavi/- U T