Oral order granting bail to the petitioner in an application filed under Section 438 Cr.P.C. in proceedings for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Petitioner enlarged on bail on furnishing bond and security upon arrest or surrender within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68423 of 2022
Arising Out of PS. Case No.-10 Year-2022 Thana- BHAPTIAHI District- Supaul
======================================================
Chandan Kumar S/O Panna Lal Sah R/O Mohalla- Jai Prakash Nagar, A.G. Colony Bagh, Ashiyana Nagar, P.S.- Ganga Bridge, Distt- Vaishali.
... ... Petitioner/s
Versus
| The State of Bihar =================== |
... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr. Amresh Kumar Sinha |
| For the Opposite Party/s : =================== |
Mr.Gulnar Begum =================================== |
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
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 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 10019.7 liters of foreign liquor is said to have been recovered from the place of occurrence. He submits that the apprehended person disclosed the name of the petitioner. He submits that the name of the petitioner has been dragged in the present case to rapture his image in society as he is running the business of pulse mill. He further submits that petitioner has one criminal antecedent as
Patna High Court CR. MISC. No.68423 of 2022(2) dt.13-01-2023 2/3
stated in para-3 of the bail application.
Petitioner is agreed to deposit a sum of Rs. 10,00,000/- (Rupees Ten Lakhs) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.
Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of twelve 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 Bhaptiyahi P.S. Case No. 10 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:
(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 inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he
Patna High Court CR. MISC. No.68423 of 2022(2) dt.13-01-2023 3/3
will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his 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.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of PM Cares Fund.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner may be enlarged on bail in a case pending against him under Section 30(a) of the Bihar Prohibition and Excise Act.
Chandan Kumar S/O Panna Lal Sah
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
