Allowed

Janak Thakur @ Janak Sharma v. the State of Bihar

Patna HC14 Feb 2022CR. MISC./2762/2022

Case brief

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What is this about?

This single-judge court granted anticipatory bail to the petitioner in a prohibition and excise matter pending in the Special Court, Siwan, subject to obtaining personal bond in event of arrest or surrender within twelve weeks.

What did the court decide?

Anticipatory bail granted to be released on personal bond if arrested or surrender within twelve weeks; to furnish bonds of Rs.10,000 with two sureties within eight weeks of normalcy.

Janak Thakur @ Janak Sharma Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2762 of 2022

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Arising Out of PS. Case No.-627 Year-2021 Thana- SIWAN MUFFASIL District- Siwan

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

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JANAK THAKUR @ JANAK SHARMA Son of Late Vishwanath Thakur Resident of Village- Salempur, P.S.- Dhanauti, Dist- Siwan.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs.Kumari Anupam, Advocate For the Opposite Party/s : Mrs.Pronoti Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 14-02-2022

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Due to the third wave of COVID-19 Pandemic, the

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matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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

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Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in connection with Siwan Muffasil (Dhanauti O.P.) P.S. case No.627/21 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 4.800 liters wine

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Patna High Court CR. MISC. No.2762 of 2022(2) dt.14-02-2022 2/3

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is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 4.800 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the

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Patna High Court CR. MISC. No.2762 of 2022(2) dt.14-02-2022 3/3

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present situation which has arisen due to the sudden rise in covid cases.

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Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional District and Sessions Judge 2nd-cum-Special Judge, Siwan in connection with Siwan Muffasil (Dhanauti O.P.) P.S. case No.627/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Narendra/-

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U T

Janak Thakur @ Janak Sharma v. the State of Bihar

Case brief

What is this about?

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Janak Thakur @ Janak Sharma v. the State of Bihar

Case brief

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What did the court decide?

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