Angad Kumar Rai @ Angad Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74504 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Angad Kumar Rai @ Angad Kumar Ray S/o Late Satyanand Rai R/O VILLAGE- GAURA KA TOLA, P.S.- BARAHARA (KHAWASPUR O.P.), DISTT.- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Kumar, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha.1, 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 (Amendment) Act, 2018.
3. Altogether 1800 liters of foreign liquor is said to have been recovered from the spot and the motorcycle of the petitioner was also seized from the spot.
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 due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has
Patna High Court CR. MISC. No.74504 of 2024(2) dt.28-10-2024 2/3 no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis that his motorcycle was seized from the spot but the real fact is that petitioner had parked his motorcycle nearby the banks of river and went to his field to see the crops but in the meantime, police seized his motorcycle. There is no compliance of section 100 of the Cr.P.C. Petitioner has one criminal antecedent of similar nature of offence.
5. Petitioner is agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty 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 six 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 Barahara (Sinha O.P) P.S. Case No.397 of 2023, subject to the condition as laid down under Section 438
Patna High Court CR. MISC. No.74504 of 2024(2) dt.28-10-2024 3/3
(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 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. (Anjani Kumar Sharan, J) pallavi/- U T