Pintu Kumar @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7932 of 2023 Arising Out of PS. Case No.-452 Year-2022 Thana- GURUA District- Gaya ====================================================== PINTU KUMAR @ PANKAJ KUMAR Son of Jawindra Kumar @ Jabindar Kumar R/v- Simaru, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvnendra Kumar Thakur, Adv.

For the Opposite Party/s :

Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

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

3. Altogether 30 litres of country made liquor and 960 kg of Mahua flower is said to have been recovered from the pick up van of the petitioner and his name was disclosed by the local chaukidar.

4. 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 basis of disclosure of local chaukidar. Petitioner

Patna High Court CR. MISC. No.7932 of 2023(2) dt.17-04-2023 2/3 has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. It is further submitted that in the supplementary affidavit, it has been categorically mentioned that though the petitioner is the owner of the Pickup van but he had hired a driver for plying the vehicle and had no knowledge what is being loaded in the way. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

5. Petitioner is agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna.

6. 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 Gurua P.S. Case No.452 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.7932 of 2023(2) dt.17-04-2023 3/3 also the following conditions:

(i) 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.

(ii) 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.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.

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