Pawan Rai @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8556 of 2021 Arising Out of PS. Case No.-423 Year-2020 Thana- AMNAUR District- Saran ====================================================== PAWAN RAI @ PAWAN KUMAR YADAV Son Of DUGNATH RAI Resident Of Village - Guna, P. S. - Amnour, District - Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Pd. Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Excise and Prohibition Act.

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 85 liters of country made liquor is said to have been recovered from the Bathan of the petitioner. He submits that the said Bathan does not belong to the petitioner which is mentioned at para-6 of this application. He further submits that petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.8556 of 2021(2) dt.26-11-2021 2/2 stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd-cum-Special Judge Excise, Saran in connection with Amnour Police Station Case No. 423 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief Fund Bihar.

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