Panchdev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21115 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== PANCHDEV KUMAR SON OF SHIV SHANKAR SAHNI RESIDENT OF VILLAGE- UJIYARPUR, PS-UJIYARPUR ,DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 8.360 liters of liquor from a poultry form from where three named accused persons were arrested. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.21115 of 2023(2) dt.15-05-2023 2/3 submitted that he came to be implicated based on secret information that the poultry form belongs to the petitioner. It is next submitted that no prudent person would use his own premise for committing a crime and thus would get implicated easily. It is further submitted that the apprehended accused persons were friends of petitioner and as such petitioner was not knowing that they went to his poultry form which was locked for some time for enjoying liquor and thus came to be implicated. The learned counsel next submits, at the cost of repetition, that the petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection

Patna High Court CR. MISC. No.21115 of 2023(2) dt.15-05-2023 3/3 with Ujiyarpur P.S. Case No. 400 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T