Bajrangi Kumar @ Bajrangi Sahni @ Haltu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63292 of 2022 Arising Out of PS. Case No.-361 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Pankaj Kumar S/O Rambabu Sahani R/O Village- Padmaul, P.S.- Kudhani, Distt- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63848 of 2022 Arising Out of PS. Case No.-361 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Bajrangi Kumar @ Bajrangi Sahni @ Haltu Son Of Rambabu Sahani R/VPadmaul, P.S- Kudhani, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63292 of 2022) For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 (In CRIMINAL MISCELLANEOUS No. 63848 of 2022) For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 590.4 liters of foreign liquor
Patna High Court CR. MISC. No.63292 of 2022(2) dt.22-12-2022 2/3 is said to have recovered from the place of occurrence. He submits that the petitioners have been made accused in this case on the basis of confessional statement of co-accused Nand Lal Kumar. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application. Petitioners are agreed to deposit a sum of Rs. 1,00,000/- (Rupees One Lakh) each 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 petitioners, in the event of their 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) 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 Kudhani P.S. Case No. 361 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to
Patna High Court CR. MISC. No.63292 of 2022(2) dt.22-12-2022 3/3 who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioners.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) devendra/- U T