Allowed

Vishal Kumar v. The State of Bihar

Patna HC12 Aug 2022CR. MISC./23737/2022

Case brief

AI extract

What is this about?

This single-judge oral order granted anticipatory bail to the petitioner, apprehending arrest in a case under the Bihar Prohibition and Excise Amendment Act, 2018, subject to furnishing bail bonds and depositing Rs. 20,000 in the Juvenile Justice Fund.

What did the court decide?

The petitioner is ordered to be released on anticipatory bail upon furnishing bail bonds of Rs. 25,000 with two sureties and depositing Rs. 20,000 in the Juvenile Justice Fund, subject to surrender wi

Vishal Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23737 of 2022

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Arising Out of PS. Case No.-473 Year-2021 Thana- MALSALAMI District- Patna

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======================================================

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VISHAL KUMAR SON OF CHUNNI RAI R/O- MOHALLA- KAUA KHO, P.S.- CHOWK DISTRICT- PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Md. Anbzarul Haque Sahara ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 12-08-2022

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Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings.

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Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(A) of the Bihar Prohibition and Excise Amendment Act, 2018.

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Altogether 120 liters of illicit country made liquor is said to have been recovered from the spot. The allegation against the petitioner is that he alongwith other co-accused after seeing the police fled away from the place of occurrence.

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Learned counsel for the petitioner submits that petitioner

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Patna High Court CR. MISC. No.23737 of 2022(2) dt.12-08-2022 2/3

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is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case on suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The alleged recovery has been made from Pahr Ghat which is an open place and does not belongs to the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

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Petitioner is agreed to deposit a sum of Rs.20,000.00/(Rupees Twenty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.

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Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Malsalami P.S. Case No.473 of 2021, subject to

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Patna High Court CR. MISC. No.23737 of 2022(2) dt.12-08-2022 3/3

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the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:

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(1) 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 petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner.

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(2) 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.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000/- (Rupees Twenty Thousand) in the Juvenile Justice Fund.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

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Vishal Kumar v. The State of Bihar

Case brief

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