Anand Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6424 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- GUTHANI District- Siwan ====================================================== ANAND KUMAR PANDEY, Son of Diwakar Kumar Pandey @ Diwakar Pandey Resident of Village - Darauli, P.S. - Darauli, Dist. - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Guthani P.S. Case No. 219 of 2021, registered for the offences punishable under Sections 30 (a) of Bihar Prohibition and Excise Act, 2016.
As per allegation, 192.240 liters of liquor was recovered from a tempo.
The learned counsel for the petitioner submits that the petitioner is innocent and falsely implicated in this case. He further submits that the petitioner is neither the driver nor the owner of the vehicle, wherefrom the recovery of the
2/4 illegal wine was made. He further submits that he was just sitting in the tempo as a passenger. He was not aware of any such illegal liquor kept in the tempo.
The petitioner is in custody since 11.09.2021. It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Hon'ble Court for grant of anticipatory bail or regular bail. It has further been stated that the petitioner has no criminal antecedent.
However, the learned APP for the State has opposed the prayer for bail.
Considering the facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional District and Sessions Judge 2nd cum Spl. Judge Excise, Siwan in connection with Guthani P.S. Case No. 219 of 2021 on the following conditions:
(i) The petitioner will make himself available for
3/4 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
4/4 The application stands allowed accordingly.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) skm/- U T