This anticipatory bail application allows the petitioner to be enlarged on bail if arrested or surrenders within six weeks, upon furnishing sureties and satisfying conditions regarding criminal antecedents and refraining from similar offences.
Petitioner enlarged on bail if arrested/surrenders within six weeks, bond Rs.25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3300 of 2023
Arising Out of PS. Case No.-272 Year-2022 Thana- BHAGWANPUR District- Vaishali
======================================================
VIVEK KUMAR Son of Shiv Chandra Rai R/V- Kiratpur Rajaram, P.SBhagwanpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 21-03-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
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 990 liters of country made is said to have recovered from place of occurrence. He submits that two persons apprehended on the spot who disclosed the name of the petitioner that the petitioner is also involved in the present case. He submits that there is no recovery made from the
Patna High Court CR. MISC. No.3300 of 2023(2) dt.21-03-2023 2/3
conscious possession of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Fifty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Considering the facts and circumstance of the case and the fact that nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bhagwanpur P.S. Case No. 272 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any
Patna High Court CR. MISC. No.3300 of 2023(2) dt.21-03-2023 3/3
similar offence till conclusion of the trial.
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 Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J)
ajay/-
U
1 issue framed by the court
Whether the petitioner should be granted bail in anticipation of arrest pending trial in a case involving offences under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and
1 provisions across 1 enactments
Vivek Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
