Shankar Kumar @ Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74451 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Shankar Kumar @ Shankar Rai Son of Late Ram Anandi Rai @ Late Ram Anandi Ray Resident of Rampur Dakshin, Ward No.- 4, PS- Rampurhari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 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 Act.

3.

Altogether 83.7 liters of illigal liquor is said to have been recovered from the house of apprehended co-accused namely, Ramshankar Shahi.

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. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the

Patna High Court CR. MISC. No.74451 of 2024(2) dt.28-10-2024 2/3 seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired on the basis of disclosure made by the apprehended co-accused. The place of recovery does not belongs to the petitioner. Petitioner has no criminal antecedent. 5.

Petitioner is agreed to deposit a sum of Rs.5,000.00 (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, 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 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 Rampurhari P.S. Case No.150 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

Patna High Court CR. MISC. No.74451 of 2024(2) dt.28-10-2024 3/3 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 account of 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