Pradeep Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55909 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== PRADEEP KUMAR JAISWAL S/o Sri Badri Jaiswal @ Badri Paswan R/o Mohalla- House No. 257, Misirgonda, P.O.- Gandhi Nagar, Dhawan Nagar, P.S.- Gonda, Distt.- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 120B, 34 I.P.C. and 30(a), 36, 41(1) of the Bihar Prohibition and Excise Amendment Act-2018.

Altogether 214.500 litres of foreign liquor is said to have been recovered from two cars and five co-accused persons were apprehended on the spot. Petitioner is also involved in the said illicit liquor business.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case merely on suspicion. His name transpired in this case

Patna High Court CR. MISC. No.55909 of 2022(2) dt.18-11-2022 2/3 on the confessional statement of apprehended co-accused. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner is not the owner of the said cars. Petitioner has one criminal antecedent, which is of similar nature, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Minapur P.S. Case No.97 of 2022, subject to the condition as laid down under

Patna High Court CR. MISC. No.55909 of 2022(2) dt.18-11-2022 3/3 Section 438 (2) of the Cr.P.C, as also the following conditions: (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how 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) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee.

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