Shankar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69244 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- DORIGANJ District- Saran ====================================================== SHANKAR LAL son of Ramesh Chandra Village- H.NO-4, Bure Ps- Hisar Dist- Haryana ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. Altogether 862.506 litres of foreign liquor is said to have been recovered from a Container along with pulse candy.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the

Patna High Court CR. MISC. No.69244 of 2023(2) dt.09-11-2023 2/3 case that he is owner of the said Container. It is submitted that a Criminal writ was filed in this Court and by a co-ordinate Bench, the pulse candy was released, in which, it is stated that the said container was given to the AVG Logistics Limited, Noida. Petitioner had no knowledge about the loading of the illicit liquor on the Container and the driver had already fled from the spot. Petitioner has no criminal antecedent.

5. Petitioner is agreed to deposit a sum of Rs.1,00,000.00 (Rupees One Lac) in the account of Lawyer's Association Welfare/ Benevolent Fund, Patna bearing Account No.42335550065, IFSC Code SBIN0010340, State Bank of India, High Court Campus Branch, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Doriganj P.S. Case No.50 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

Patna High Court CR. MISC. No.69244 of 2023(2) dt.09-11-2023 3/3 (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 petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Lawyer's Association Welfare/ Benevolent Fund, Patna.

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