Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70780 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- NADI P.S. District- Patna ====================================================== RAUSHAN KUMAR Son of Late Badri Ray R/V- Jethuli, P.S- Nadi, DistPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 30(a), 36 of the Bihar Prohibition and Excise Amendment Act, 2018.
Altogether 664.26 litres of foreign liquor is said to have been recovered from the place of occurrence. The allegation against the petitioner is that after seeing police, he fled away from the spot.
Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of statement of nearby persons. Petitioner has neither been apprehended on the spot nor any incriminating article has
Patna High Court CR. MISC. No.70780 of 2022(2) dt.23-12-2022 2/3 been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. He further submits that the said illicit liquor has been recovered from a plastic bag near durga mandir and petitioner has no concern with it. Petitioner has three criminal antecedent out of which two are similar in nature, as also mentioned in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs.60,000.00/- (Rupees Sixty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Nadi P.S. Case No.368 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.
Patna High Court CR. MISC. No.70780 of 2022(2) dt.23-12-2022 3/3 (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) 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.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.60,000.00/- (Rupees Sixty Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) shikha/- U T