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Patna High CourtCR. MISC./68782/2022allowed

Pancha Ray v. The State Of Bihar

2022-12-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68782 of 2022 Arising Out of PS. Case No.-436 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== PANCHA RAY Son of Chanarik Ray Resident of Mohalla - Kila Road, P.S.- Chowk, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

300 litres of country made liquor has been recovered from a Maruti Van. The petitioner is said to have fled away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that nearby people disclosed the name of the petitioner. It is further submitted that there is no

Patna High Court CR. MISC. No.68782 of 2022(2) dt.16-12-2022 2/3 recovery from the conscious possession of the petitioner. Petitioner is agree to deposit a sum of Rs. 40,000/- (rupees fourty thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Chowk P.S. Case No.436 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.68782 of 2022(2) dt.16-12-2022 3/3 the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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