Pankaj Rai @ Pankaj Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17067 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== PANKAJ RAI @ PANKAJ KUMAR, son of kailash Rai Resident of VillageLitiyahi, Police Station - Raghopur (Rustampur O.P.) in the District of Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

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 414 of IPC and 30(A) of the Bihar Prohibition and Excise Act.

Altogether 3710.250 liters of foreign liquor is said to have been recovered from a truck. The allegation against the petitioner is that he alongwith other co-accused persons fled away from the spot.

Patna High Court CR. MISC. No.17067 of 2022(2) dt.17-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. 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 said truck from which recovery has been made does not belongs to the petitioner. Similarly situated co-accused has been granted bail by this court vide order dated 29.07.2022 in Cr. Misc. No. 17426 of 2022. Petitioner has one criminal antecedent. Petitioner is agreed to deposit a sum of Rs.2,00,000.

00/- (Rupees Two Lac) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan 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.

Patna High Court CR. MISC. No.17067 of 2022(2) dt.17-08-2022 3/3 connection with Raghopur (Rustampur-OP) P.S. Case No.143 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.2,00,000.00/- (Rupees Two Lac) in the Juvenile Justice Fund. (Anjani Kumar Sharan, J) shikha/- U T