Kanchan Rai @ Kanchan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87295 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- SUPPI District- Sitamarhi ====================================================== Kanchan Rai @ Kanchan Kumar S/O Nandlal Rai @ Nandlal Ray Resident of village- Jamal Parsa, Barharwa, P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 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 317(5) of BNS, 2023 and 30 (a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 300 liters of Nepali liquor is said to have been recovered from the spot. One person was apprehended on the spot and he disclosed the name of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. 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 has been falsely implicated in this case at the instance of his enemy. He was not
Patna High Court CR. MISC. No.87295 of 2024(2) dt.19-12-2024 2/3 apprehended on the spot and his name transpired in the case only on the basis of statement of apprehended co-accused. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, 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 Suppi P.S. Case No.185 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 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 inform the Court if there is any change in the address of the
Patna High Court CR. MISC. No.87295 of 2024(2) dt.19-12-2024 3/3 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 Lawyer's Association Welfare Benevolent Fund, Patna.
(Anjani Kumar Sharan, J) shikha/- U T