Ashok Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46103 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Ashok Pandit Son of Vishwanath Pandit, Resident of Village - Fanda, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Paroo P.S. Case No. 70 of 2019 registered for the offences punishable under Sections 270, 272, 328, 467, 468, 471, 472, 419, 420, 120(B)/34 of the Indian Penal Code, Sections 4/6 of the Trademarks Act and Sections 30/30(a), 35(e)/36/38 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the name of the petitioner is said to have transpired in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that petitioner has no criminal antecedent and he has falsely been implicated in the present case.

Considering the facts and circumstances of the case, wherein the name of the petitioner is said to have transpired in the

Patna High Court CR. MISC. No.46103 of 2019(3) dt.26-09-2019 2/2 confessional statement of the co-accused, nothing has been recovered from the conscious possession of the petitioner and that he has no criminal antecedent, let in the event of his arrest or surrender within a period of four weeks from today, the petitioner abovenamed be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 70 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T