Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70676 of 2022 Arising Out of PS. Case No.-375 Year-2017 Thana- PUPRI District- Sitamarhi ====================================================== AMIT KUMAR Son of Shri Vijay Thakur Resident of Ward No.-5, Hardia, P.O.- Hardia, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1.010 liters of foreign liquor is said to have recovered from a motorcycle. He further submits that petitioner is made accused in the present case because the two apprehended persons disclosed the name of the petitioner. He submits that there is nothing recovered from the conscious possession of the petitioner. He further submits that petitioner

Patna High Court CR. MISC. No.70676 of 2022(2) dt.28-02-2023 2/3 has got one criminal antecedent in similar nature of the offence as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond 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 Pupri P.S. Case No. 375 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who 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.70676 of 2022(2) dt.28-02-2023 3/3 petitioner.

(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her 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. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T