Uma Shankar @ Umashankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66606 of 2022 Arising Out of PS. Case No.-43 Year-2020 Thana- PANDARAK District- Patna ====================================================== Uma Shankar @ Umashankar Singh S/O Devinder Singh R/O Bihari Bigha, P.S.- Pandarak, Distt- Patna Presently Residing At House No. 260, Street No. 5, Dhillon Nagar, Lohara, Ludhiana, Punjab-141003. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyanendra Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Dilip Kumar No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 269, 270, 271, 34 of the I.P.C, 30(a) of the Bihar Prohibition and Excise Act, 2016 and under Section 3 of the Epidemic Disease Act, 1897.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 2 liters of country made liquor has been recovered from the spot. He submits that apprehended person disclosed the name of the petitioner. Petitioner has no concern either with the seized liquor
Patna High Court CR. MISC. No.66606 of 2022(2) dt.16-12-2022 2/3 or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Petitioner has clean criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
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 of the satisfaction of learned Court below where the case is pending/successor Court in connection with Pandarak P.S. Case No. 43 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.66606 of 2022(2) dt.16-12-2022 3/3 preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) guddukr/- U T