Pradeep Kumar @ Sapwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73640 of 2024 Arising Out of PS. Case No.-140 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Pradeep Kumar @ Sapwa S/O Shyamjee Mehta R/o Mohalla- Daudnagar Brahman toli, P.S-Daudnagar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvan Kumar, Adv.
For the Opposite Party/s:
Ms. Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard Mr. Sarvan Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Altogether 290 litres of illicit liquor has been recovered from the seized car. Two accused persons were apprehended on the spot and disclosed the name of the petitioner, who got succeeded in fleeing away.
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 or from his house. He has no concern either with the seized liquor or the
Patna High Court CR. MISC. No.73640 of 2024(2) dt.26-10-2024 2/3 place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He is neither owner nor driver of the seized car. He was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statements of the apprehended persons which have no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in 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 Daudnagar P.S. Case No. 140 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,
Patna High Court CR. MISC. No.73640 of 2024(2) dt.26-10-2024 3/3 subject to the further conditions that
(1) 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.
(2) That 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 after his 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.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna.
8. The learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent in similar nature of offence, then the bail bond of the petitioner shall not be accepted by the learned Court below.
(Anjani Kumar Sharan, J) divyanshi/- U T