Sujit Kumar @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87582 of 2024 Arising Out of PS. Case No.-699 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Sujit Kumar @ Sujeet Kumar S/O Late Jaydarath Ravidas @ Jaydas Ravidas R/O Village- Bhadeji, P.S. - Muffasil, Dist- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar, Adv.
For the Opposite Party/s :
Mr.Indu Kumari Srivastava, 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 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Altogether 30 litres of country made Mahua liquor has been recovered from the seized scooty which belongs to 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 possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against
2/4 the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He is not named in the FIR. His name has been transpired in the present case merely because he is the owner of the seized scooty. The real fact of the matter is that on the alleged date and time, the petitioner had parked his scooty near Chamunda Temple of Village Bhadeji, but when he came back, he found his scooty missing and ultimately he came to know that the police have taken his scooty and filed a false case against him under Excise Act. Learned counsel further submits that petitioner has falsely been implicated in this case at the instance of his enemy by planting the aforesaid recovery and he has no criminal antecedent as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, 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 eight weeks from today, on furnishing bail
3/4 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 Muffasil P.S. Case No. 699 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that
(1) 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.
(2) That 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 after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of 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 the aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund.
8. The learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent in similar nature of offence,
4/4 then the bail bond of the petitioner shall not be accepted by the learned Court below.
(Anjani Kumar Sharan, J) divyanshi/- U T