Ashish Kumar Singh @ Ashis Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77738 of 2023 Arising Out of PS. Case No.-452 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ashish Kumar Singh @ Ashis Kumar Singh S/O- Ram Pravesh Singh R/OVillage- Rajasan, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Learned counsel for the petitioner prays to correct the name of the petitioner.

2. Permission is accorded.

3. He is directed to correct the same in course of the day.

4. Heard learned counsel for the petitioner and learned APP for the State.

5. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act pending in the learned court below.

6. 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

Patna High Court CR. MISC. No.77738 of 2023(3) dt.14-12-2023 2/3 possession of the petitioner rather 3105 liters of foreign liquor is said to have recovered from the truck. He further submits that driver and conductor of the said truck was apprehended on the spot. He submits that the police has recovered a mobile which is registered in the name of the petitioner. He further submits that there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

7. Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), Central Bank of India, Chitkohra Branch.

8. Considering the facts and circumstance of the case, 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 Udwant Nagar P.S. Case No. 452 of 2021, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.77738 of 2023(3) dt.14-12-2023 3/3 the Cr.P.C., with further conditions:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

9. 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 Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) ajay/- U T