Rakesh Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48877 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- SIKTA District- West Champaran ====================================================== Rakesh Kumar Pandey Son Of Mohan Panday Resident Of Village - Khardeur Mahna, P.S.- Chanpatiya, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Liquor was recovered from Scorpio of the petitioner. Petitioner has stated in para-10 that he had lent the said vehicle to Md. Shaif Ali and the driver was Mukul Kumar. While returning back the driver Mukul kept liquor in the vehicle without knowledge or permission of the petitioner. The petitioner has got no criminal antecedent. Mukul Kumar was arrested at the spot.
Since petitioner has got no criminal antecedent and there is no evidence that the petitioner had knowledge about the
Patna High Court CR. MISC. No.48877 of 2021(3) dt.16-12-2021 2/2 act of the driver, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sikta P.S. Case No.107 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T