Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43437 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- BIND District- Nalanda ====================================================== Pawan Singh S/O Shyam Sundar Singh R/O Patel Nagar, P.S- Giridih Muffasil, Distt.- Giridih, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420, 120(B), 34 of the Indian Penal Code and Sections 30(a), 32(ii)(iii), 34/36/38/41(i)(ii) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 45 liters of foreign liquor is said to have recovered from the Bolero car and 689.4 liters of foreign liquor is recovered from the Truck. He further submits that from perusal of the both seizure list it would appear that

Patna High Court CR. MISC. No.43437 of 2023(2) dt.10-08-2023 2/3 alleged incriminating article has been recovered from Bind Chauraha not from the possession of the petitioner, both seizure list are defective itself and police has not made compliance of Section 100 of the Cr.P.C.. The petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bind P.S. Case No.201 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further

Patna High Court CR. MISC. No.43437 of 2023(2) dt.10-08-2023 3/3 conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) anand/- U T