Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61207 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

SANTOSH KUMAR Son of Dharmendra Kumar Sinha RESIDENTS OF VILLAGE KANKU BIGHA POLICE STATION BEN DISTRICT NALANDA 2.

Sunil Kumar Son of Satyendra Prasad R/o vill - Araut, P.S. - Wena, Distt. - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act-2018.

3.

Altogether 133.5 litres of foreign liquor is said to have been recovered from a Wagon-R vehicle.

4.

Learned counsel for the petitioner submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their name transpired in this case merely on the basis of a secret information.

Patna High Court CR. MISC. No.61207 of 2023(2) dt.07-10-2023 2/3 Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor or the vehicle of recovery. Petitioner no.1 has two criminal antecedent of similar nature of offence and petitioner no.2 has no criminal antecedent, as also mentioned in para-3 of the bail application.

5.

Petitioner no.1 and 2 are agreed to deposit a sum of Rs.20,000.00/- (Rupees Twenty Thousand) and Rs.5,000/- (Rupees Five Thousand) respectively in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

6.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their 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) each 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 Ekangarsarai P.S. Case No.20 of 2023, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.61207 of 2023(2) dt.07-10-2023 3/3 the Cr.P.C, as also 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.

7.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid undertaken amount in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T