Brajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84766 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== BRAJESH PANDEY S/O- Vishwanath Pandey Resident of Village - Gopinathpur, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Mishra, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Submission is that allegation is of recovery of liquor, however, not from possession of the petitioner, rather name of the petitioner surfaced in the confessional statement of coaccused Abhay Rathore. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the fact that there is no substantial material against the petitioner for this purpose, hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the

Patna High Court CR. MISC. No.84766 of 2019(2) dt.07-01-2020 2/2 date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Baruraj Police Station Case No. 180 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T