Panchanand @ Panchanand Rai @ Pancha Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27484 of 2018 Arising Out of PS. Case No.-551 Year-2017 Thana- FATUHA District- Patna ====================================================== Panchanand @ Panchanand Rai @ Pancha Rai Son of Deo Nandan Rai, Resident of Village-Maksudpur, Pathan Toli, P.S.-Fatuha, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP 183 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Special Case No. 8765 of 2017 arising out of Fatuha P.S. Case No. 551 of 2017 instituted for the offences under Sections 30(A) and 37(B) of the Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that that there is no recovery from possession of this petitioner. The name of this petitioner has been disclosed by the persons, who were apprehended by the police as mentioned in the written report. It is mentioned in paragraph 3 of the petition that the petitioner has clean antecedent.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.27484 of 2018(3) dt.23-05-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Special Case No. 8765 of 2017 arising out of Fatuha P.S. Case No. 551 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) Shamshad/- U T