Anup Kumar Singh @ Chirkut @ Sinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81232 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== ANUP KUMAR SINGH @ CHIRKUT @ SINKU KUMAR S/O BHIM SINGH R/O VILLAGE- TAMSI, P.S- KUTUMBA, DISTT.- AURANGABAD.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Mukul Kumari, Adv.
For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 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 Act, 2018.
3. Altogether 180 liters of country made liquor is said to have been collectively recovered from three motorcycles and one person was apprehended, who disclosed the name of petitioner and others, who fled away on seeing the police.
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
Patna High Court CR. MISC. No.81232 of 2023(2) dt.20-12-2023 2/3 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 and his name transpired in the case on the statement of the apprehended co-accused. None of the motorcycles, from which, recovery has been made, belongs to the petitioner. Petitioner has two criminal antecedent of similar nature of offence.
5. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty 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 Kutumba P.S. Case No.14 of 2023, G.R. No.287/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
Patna High Court CR. MISC. No.81232 of 2023(2) dt.20-12-2023 3/3 (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