Sandeep Kumar Pandey @ Labu @ Sandeep Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12502 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SANDEEP KUMAR PANDEY @ LABU @ SANDEEP KUMAR @ LALU Son of Raj Kumar Pandey Resident of Village - Dharampur Bande, P.S.- Sahpur Patori, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard the parties.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether 2548.440 litres of foreign liquor is said to have been recovered from a truck. It is alleged that petitioner and others fled away from the spot after seeing the police. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the disclosure of local chowkidar. Petitioner has neither been apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.12502 of 2023(3) dt.04-07-2023 2/3 recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Similarly situated co-accused namely Ganesh Ram @ Rajesh Ram and Manish Pandey @ Manish Kumar Pandey have been granted anticipatory bail by this Court vide order dated 04.11.2022 passed in Cr. Misc. No.46693 of 2022 with Cr. Misc. No.48108 of 2022. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.1,00,000.00/- (Rupees One Lakh) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, 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 satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Excise P.S. Case No.155 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as

Patna High Court CR. MISC. No.12502 of 2023(3) dt.04-07-2023 3/3 also the following conditions.

(1) That 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 the petitioner. He will also undertake to inform the Court if there is any change in the address of the 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.1,00,000.00/- (Rupees One Lakh) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T