Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3897 of 2020 Arising Out of PS. Case No.-329 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Abhishek Kumar Son of Chhote Lal Jayaswal @ Chhote Lal Prasad Resident of Village - Chaumukha P.S.- Pachrukhi, Distt - Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Pachrukhil P.S. Case No. 329 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is a case of recovery of about 2211 liters of foreign liquor from the house of co-accused Uma Singh. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with respect to search and seizure. Petitioner is having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the abovenamed petitioner, subject to deposit of Rs. 25,000/- (twenty five

Patna High Court CR. MISC. No.3897 of 2020(2) dt.29-02-2020 2/2 thousand) in the court below and on deposit of the aforesaid amount, in the event of his arrest/surrender within a period of six weeks from today, the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Excise, Siwan in connection with Pachrukhil P.S. Case No. 329 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

It is made clear that such deposit of Rs. 25,000/- (twenty five thousand) shall abide by the outcome of the criminal case.

(Prabhat Kumar Singh, J.) anay U T