Pankaj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15692 of 2021 Arising Out of PS. Case No.-390 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== Pankaj Thakur, gender- male, aged about 43 years, Son of Shatrudhan Thakur Resident of Village- Sursand, P.S. Sursand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh Sr. Adv. with Mr. Shivam, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The matter has now been taken up as per its own seniority.

Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sursand PS Case No. 390 of

Patna High Court CR. MISC. No.15692 of 2021(9) dt.21-09-2021 2/3 2020, instituted for the offence under Sections 414, 467, 468, 471 and 120B of the Indian Penal Code and Sections 30(a), 36,41, 41(i) of the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 14.12.2020 though he has no criminal antecedents. The submissions of the learned Senior counsel is that the alleged recovery attributed from the petitioner's house is not sustainable as the same is not in accordance with law. He submits that the recovery alleged i.e., 290 ML is false. No such recovery has been made from the petitioner's house.

The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi, in connection with Sursand PS Case No. 390 of 2020, subject to the following conditions:-

Patna High Court CR. MISC. No.15692 of 2021(9) dt.21-09-2021 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T