Pawan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81520 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- PANJWARA District- Banka ====================================================== Pawan Kumar Sah Son Of Bhagwan Sah R/O Village- Ward No.7, Sarauhi Bazar, P.S.- Godda, District- Godda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 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 the Bihar Prohibition and Excise Act, 2018.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 20 liters of foreign liquor have been recovered from one motorcycle. One person was apprehended on the spot along with the motorcycle. Petitioner has been made accused in the present case because he is the owner of the said motorcycle. Petitioner has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.81520 of 2023(2) dt.21-12-2023 2/3 specific rather general and omnibus in nature. Petitioner is quite innocent and has been falsely implicated in this case at the instance of his enemy. Petitioner was not apprehended on the spot. Petitioner has no criminal antecedents as mentioned in para-3 of this application.

4. Learned APP for the State opposed the prayer for bail of the petitioner.

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

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 Panjwara P.S. Case No. 88 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.81520 of 2023(2) dt.21-12-2023 3/3 preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipts of deposit of the aforesaid amount in Mahavir Cancer Sansthan.

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