Allowed
Banty Singh @ Sethji @ Banty @ Banty Tyagi v. The State of Bihar
Patna HCCR. MISC./7816/2023
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COURT OF JUDICATURE AT PATNA CRIMINAL…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7816 of 2023
Arising Out of PS. Case No.-139 Year-2022 Thana- LAKHNAUR District- Madhubani
======================================================
BANTY SINGH @ SETHJI @ BANTY @ BANTY TYAGI S/o Kishan R/o727, Malikpur, P.S.- Sonipat, District- Sonipat (Haryana)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary For the Opposite Party/s : Mrs. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 08-05-2023
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 & 120B/34 of the Indian Penal Code and Section 30 (a), 32 (i), (ii), 36 & 41 (i) of the Bihar Prohibition and Excise Act, 2018.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 1779.300 liters of foreign liquor is said to have been recovered from a truck. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.7816 of 2023(4) dt.08-05-2023 2/3
omnibus in nature. He has been falsely implicated in this case on the disclosure made by apprehended co-accused Bhupesh. By way of filing the supplementary affidavit, it has been brought on record that the petitioner undertakes to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs) in the account of Bihar State Bar Council Welfare Fund. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs.5,00,000.00 (Rupees Five Lakhs) in the account of Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC : SBIN0010340, State Bank of India, High Court Campus Branch, Patna.
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 Lakhnaur P.S. Case No. 139 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.7816 of 2023(4) dt.08-05-2023 3/3
(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
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 Bihar State Bar Council Welfare Fund.
(Anjani Kumar Sharan, J)
Trivedi/-
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail given his apprehension of arrest in a case involving foreign liquor offences.
Banty Singh @ Sethji @ Banty @ Banty Tyagi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
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