Rajendra Pandey Alies Rajendra Kumar Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.860 of 2024 Arising Out of PS. Case No.-164 Year-2017 Thana- SISWAN District- Siwan ====================================================== Rajendra Pandey Alies Rajendra Kumar Panday Son of late Nathuni Pandey Resident of village- Raghunathpur P.S Raghunathpur Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Ms. Kumari Anupam, learned counsel appearing on behalf of the petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Siswan P.S.Case No.164 of 2017, registered for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(A)/38(I) of Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, the police stopped two motorcycles bearing Hero Passion Pro Registration No.BR29T 1234 and Kinetic Boss Registration No.BR 29B 7594 and recovered total 34.200 ltr. liquor from the plastic bags.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was not present at the place of occurrence, as well as, nothing has been recovered from

Patna High Court CR. MISC. No.860 of 2024(2) dt.24-01-2024 2/3 the possession of the petitioner. Petitioner is also not named in the FIR.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the State Government has totally failed in stopping the manufacturing and smuggling of the foreign liquor and the country-made liquor in the State of Bihar and at a large scale the business of manufacturing and smuggling of the liquor can not be possible without connivance of the State Officials.

7. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Siswan P.S.Case No.164 of 2017 in connection with Exclusive Special Excise Court No.II, Siwan, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.860 of 2024(2) dt.24-01-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U