Pachu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36823 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== PACHU RAI SON OF BINDESHWAR RAY R/O VILLAGESUKUMARPUR, P.S.- RAGHOPUR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Soban Asghar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

50 litres of country made liquor liquor has been recovered from the place of occurrence. The petitioner is said to have fled away from the place of occurrence after seeing the police. The local Chowkidar has disclosed the name of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got

Patna High Court CR. MISC. No.36823 of 2022(2) dt.23-09-2022 2/3 one criminal antecedent of similar nature as stated in paragraph3 of the bail application. There is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 25,000/- (rupees twenty five thousand) in Bihar State Legal Services Authority bearing Account No.0380000100252472, IFSC Code: PUNB0038000, Punjab National Bank, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Raghopur P.S. Case No.126 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.36823 of 2022(2) dt.23-09-2022 3/3 similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T