Bhupinder Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82052 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BISHUNPUR District- Darbhanga ====================================================== BHUPINDER SINGH SON OF RAJ SINGH R/O WZ-268B, GALI NO.5, PREM NAGAR, UTTAM NAGAR, DISTRICT- WEST DELHI, DELHIPIN CODE 110059 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Noushad Khan, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard Mr. Noushad Khan, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for 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, 2016.
3. Altogether 56.75 liters of foreign liquor is said to have been recovered from the car of the petitioner.
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 suspicion. 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
Patna High Court CR. MISC. No.82052 of 2023(2) dt.04-01-2024 2/3 was not apprehended on the spot and his name transpired in the case on the basis that he is owner of the car from which aforesaid recovery has been made but the real fact is that the petitioner has listed his car in Zoomcar self drive service and as such, he had no knowledge of carrying of any liquor from his car. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees 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 Bishanpur P.S. Case No.14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
(i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.82052 of 2023(2) dt.04-01-2024 3/3 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