Vinay Kumar Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71636 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== VINAY KUMAR TIWARY S/O RAMNARESH TIWARI @ NARESH TIWARI Resident of village- Teghra, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273, 353 of the IPC and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Altogether 105 litres country made liquor was recovered from the motorcycle. On seeing the police, the accused persons tried to fled away. But one accused person was apprehended on 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 that he is the owner of the said motorcycle. Petitioner
Patna High Court CR. MISC. No.71636 of 2022(2) dt.23-12-2022 2/3 has sold his Motorcycle on 15.05.2022 to Saligram Ojha at Rs. 65,000/-. He has no role in this incident and nothing to do with the motorcycle and liquor. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 25,000.00/- (Rupees Twenty Five 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 Bihiya P.S. Case No.92 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as
Patna High Court CR. MISC. No.71636 of 2022(2) dt.23-12-2022 3/3 also the following conditions.
(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.25,000.00/- (Rupees Twenty Five Thousand) in the Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) divyanshi/- U T