Pawan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73965 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Pawan Kumar Ram S/O Kuldeep Ram R/O Village- Biropur Ward No.12, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

3. Altogether 540 liters of country made liquor is said to have been recovered from two cars and it is alleged that from the car of the petitioner, 180 litres liquor has been recovered.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor.

Patna High Court CR. MISC. No.73965 of 2024(2) dt.26-10-2024 2/3 He was not apprehended on the spot and his name transpired in the case on the basis that from his car, 180 litres of country made liquor has been recovered but the real fact is that no article has been recovered from the car. There is no compliance of section 100 of the Cr.P.C. Petitioner has two criminal antecedent, in similar nature of offence, which is mentioned in the supplementary affidavit.

5. Petitioner is agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below, where the case is pending/Successor court, in connection with Ganga Bridge P.S. Case No.150 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

Patna High Court CR. MISC. No.73965 of 2024(2) dt.26-10-2024 3/3 (i) 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.

(ii) 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.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) pallavi/- U T