Patna High Court - Orders
Angesh Kumar Kushwaha vs The State Of Bihar on 6 September, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27915 of 2022
Arising Out of PS. Case No.-321 Year-2021 Thana- GUTHANI District- Siwan
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Angesh Kumar Kushwaha Son Of Baliram @ Baliram Kushwaha Resident Of
Village - Sikarhata, P.S. And Distt.- Deoria, Uttar Pradesh
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rupesh Kumar
For the Opposite Party/s : Mr.Umeshanand Pandit
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 06-09-2022Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) and 37 (C) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 1.340 liters of foreign liquor is said to have recovered from the car. Save and except the owner of the said seized car nothing has Patna High Court CR. MISC. No.27915 of 2022(2) dt.06-09-2022 2/3 been recovered from the possession of the petitioner. He submits that the petitioner is the owner of the said car. He further submits that petitioner has 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 Twenty Thousand) in the 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, 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 Guthani P.S. Case No. 321 of 2021, 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 Patna High Court CR. MISC. No.27915 of 2022(2) dt.06-09-2022 3/3 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 will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her 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 Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) devendra/-
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