Shiv Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87195 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- GOH District- Aurangabad ====================================================== Shiv Shankar Kumar S/o Indra Deo Yadav R/o vill - Manjhauli, P.S. - Tankuppa, Distt.- Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Adv.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, 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 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. The prosecution case in brief is that 30 liters of country made liquor is said to be recovered from a motorcycle and 200 liters of country made liquor is recovered from an auto.
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. He submits that the petitioner has already sold the auto to one Ramesh Yadav in the year 2020 and the said Ramesh Yadav sold the auto
Patna High Court CR. MISC. No.87195 of 2024(2) dt.19-12-2024 2/3 to one Sonu. Kumar. It is further submitted that petitioner has been implicated in this case only because he is the first owner of the said auto and he has no concern with the illicit liquor. 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 Lawyer's 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 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 Goh P.S. Case No.200 of 2024 , subject to the condition as laid down under Section 482(2) of the B.N.S.S, 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
Patna High Court CR. MISC. No.87195 of 2024(2) dt.19-12-2024 3/3 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 Lawyer's Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) Suruchi/- U T