Heera Pandey @ Heeralal Pandey @ Someshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38763 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Heera Pandey @ Heeralal Pandey @ Someshwar Pandey S/O Late Girja Pandey R/O Village- Gonahi, P.S- Chhauradano, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Chhauradano P.S. Case No. 67 of 2024, registered for the alleged offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

03. As per prosecution case, the police received secret information about the petitioner and co-accused selling illicit liquor from their house. A raid was conducted and co-accused Nagendra Pandey was apprehended and one person fled away from the spot, who was named as petitioner by the co-accused. On search, recovery of 10 liters of country made chulai liquor was made from the house of co-accused.

04. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38763 of 2024(2) dt.26-06-2024 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. Even from the FIR, it is apparent that recovery has been shown from the house of the co-accused, who was stated to have named this petitioner, otherwise there is no material against the petitioner to connect him with the offence as alleged.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the completely vague nature of allegation against the petitioner and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 02, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 67 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.38763 of 2024(2) dt.26-06-2024 3/3 petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T