Nishant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86209 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Nishant Kumar Son Of Vicky Yadav Resident Of Mohalla -LAXMISAGAR J. P. Chowk Ward No 16, Police Station -LNMU District -DARBHANGA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The State Of Bihar THE ADVOCATE GENERAL OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary For the Opposite Party/s :
Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 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 Act, 2016.
3. 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 possession of the petitioner rather 13.500 liters of foreign liquor is said to have recovered from the from the place of occurrence. He submits that the petitioner has no concern with the seized liquor rather he has been made victim of the atrocities of the police as the informant did not disclose that how he identified
Patna High Court CR. MISC. No.86209 of 2023(2) dt.18-01-2024 2/3 him and also not disclosed the name of the local resident who has stated about the petitioner. The petitioner has no criminal antecedent as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna..
5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, 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 the learned Court below where the case is pending/successor Court in connection with LNMU P.S. Case No.318 of 2023, 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 who he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.86209 of 2023(2) dt.18-01-2024 3/3 inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after their 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.
6. 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 Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) anand/- U T