Praduman Kumar @ Praduman Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73915 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Praduman Kumar @ Praduman Kumar Singh son of Nirmal Singh VillageBaligaon P.S-Aayer, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 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) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3.
On the basis of secret information, altogether 14.250 liters of foreign liquor is said to have been recovered from two bags.
4.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. 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 has been falsely implicated in this case. One co-accused person was apprehended
Patna High Court CR. MISC. No.73915 of 2024(2) dt.26-10-2024 2/3 on the spot. He was not apprehended on the spot and his name transpired on the basis of statement of apprehended co-accused person. Petitioner has no criminal antecedent. 5.
Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.
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 eight 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 Sachiwalay P.S. Case No.70 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with 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
Patna High Court CR. MISC. No.73915 of 2024(2) dt.26-10-2024 3/3 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 Mahavir Cancer Sansthan.
8.
However, learned court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner has any criminal antecedent other than the present one, his bail bond shall not be accepted.
(Anjani Kumar Sharan, J) priyanka/- U T