Patna High CourtCR. MISC./67434/2024bail granted

Pankaj Dwivedi v. The State Of Bihar

2024-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67434 of 2024 Arising Out of PS. Case No.-478 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Pankaj Dwivedi Son of Late Ramvrinjan Dwivedi @ Biranjan Dwivedi @ Ram Niranjan Dwivedi Resident of Village - Dighi Kala Purvi, Pachkuarwa, P.S.- Hajipur Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Vasant Vikas, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.07.2024 in connection with Hajipur Sadar P.S. Case No. 478 of 2024, F.I.R. dated 14.07.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Recovery is of 610.500 liters of Indian made foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.67434 of 2024(2) dt.25-09-2024 2/3 from the F.I.R. that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the house of the co-accused, namely, Vishambhar Rai. He further submits that the name of the petitioner has been transpired on the basis of the secret information which suggests that the petitioner was also involved in the present crime in question. The petitioner is in custody since 17.07.2024.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances the the petitioner has clean antecedent, nothing has been recovered from the conscious possession of the petitioner and name of the petitioner has been transpired on the basis of the secret information, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cumAdditional District & Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 478 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.67434 of 2024(2) dt.25-09-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T