Rahul Pandey @ Chhotu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74167 of 2019 Arising Out of PS. Case No.-124 Year-2017 Thana- PIRO District- Bhojpur ====================================================== RAHUL PANDEY @ CHHOTU PANDEY S/o Kamlesh Pandey @ Kamal Pandey R/o village- Bachri, P.O.- Bachri, P.S.- Bachri, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kalyan Shankar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Piro (Hasan Bazar) P.S. Case No. 124 of 2017 registered under Sections 30(a), 56(B) of Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, there is no recovery of illicit liquor from the possession of the petitioner and petitioner has got no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there is no recovery of illicit liquor from his possesson, he is not concern with the vehicle from which recovery has been made and that the petitioner has no criminal antecedent, in the event of his arrest/surrender

Patna High Court CR. MISC. No.74167 of 2019(2) dt.18-12-2019 2/2 before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Bhojpur, Arrah, in connection with Piro (Hasan Bazar) P.S. Case No. 124 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T