DINESH RAI @ DINESH RAY v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Udai Shankar Singh Mr. Madan Kumar 2 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30, 30(A) , 30(b) of the Bihar Prohibition and Excise Act, 2018. Altogether, the police has recovered 70 litres of raw illicit liquor, two packet of nausadar, 600 kg black jaggery and cash Rs.2,27,600/-, one motor cycle from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged Patna High Court CR. MISC. No.24584 of 2022(2) dt.12-08-2022 in the FIR. He has been falsely implicated in this case due to ulterior motive. His name transpired in the case because of suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The alleged recovery has been made from chawar open place which does not belongs to the petitioner. The petitioner is licensee holder, who deals in sugar, mitha and candles etc. which is permissible in the State of Bihar. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs.5,000.00/- (Rupees Five Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC [REDACTED], State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna.

Considering the aforesaid facts and circumstances, since there is no recovery from the conscious possession of the petitioner, let the petitioner named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.24584 of 2022(2) dt.12-08-2022 satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dariyapur P.S. Case No.635 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions: (1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the Juvenile Justice Fund. shikha/- U T (Anjani Kumar Sharan, J)