Pawan Rai @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22060 of 2020 Arising Out of PS. Case No.-86 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Pawan Rai @ Pawan Kumar Son of Manik Rai, Resident of Village - Sukumarpur, P.S.- Raghopur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through Video Conferencing.

In this case, the petitioner is seeking anticipatory bail in connection with C2A Case No. 86 of 2017 registered for offence punishable under section 30 (a) & 30 (d) of the Bihar Prohibition Excise Act.

The police raided near Didara and found huge quantity i.e. 2400 kg. of germinated mahua and five litres of liquor. The counsel for the petitioner submits that the aforesaid mahua and liquor have been recovered from the bank of the river, not from the house of the petitioner and the petitioner has wrongly been framed in the present case. The petitioner has no criminal history. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of

Patna High Court CR. MISC. No.22060 of 2020(2) dt.17-08-2020 2/2 arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise Court, Vaishai at Hajipur in connection with C2A Case No. 86 of 2017, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The petitioner will report to the nearest police station in the 1st week of every month for at least six months.

This order has been passed in presence of Mr. Nand Kumar, learned counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T