Gaurav Kumar Singh @ Gaurav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75172 of 2024 Arising Out of PS. Case No.-380 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Gaurav Kumar Singh @ Gaurav Singh Son of Anil Kumar Singh Resident of Village- Sahit Gadh , Ward No.9, P.S.- Vidyapatinagar, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 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 and 30(a), 32(3) of Bihar Prohibition and Excise Act.

3. Altogether 300 ml of foreign liquor is said to have been recovered from a vehicle near a petrol pump.

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. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot. It is also submitted that a notice was

Patna High Court CR. MISC. No.75172 of 2024(2) dt.11-11-2024 2/3 issued by the police to appear before the police. He has been made accused only because he is the owner of the said Ford vehicle bearing registration no. BR06AJ-5100 which was driven by the driver. Petitioner has no criminal antecedent.

5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten 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 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 Town P.S. Case No.380 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023 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

Patna High Court CR. MISC. No.75172 of 2024(2) dt.11-11-2024 3/3 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.

8. However, learned court below is directed to verify the criminal antecedent of the petitioner before accepting his bail bond and if it is found that petitioner has any criminal antecedent other than the present one, his bail bond shall not be accepted.

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