Patna High CourtCR. MISC./8033/2020rejected

Pankaj Kumar Pandey v. The State Of Bihar

2020-06-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8033 of 2020 Arising Out of PS. Case No.-285 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Pankaj Kumar Pandey Son of Late Baccha Pandey Resident of Village Tarwa Parsa, P.S.- Daraunda (M.H. Nagar), Distt - Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Daraunda (M.H. Nagar) P.S. Case No. 285 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and recovery of total 1581.12 litres of foreign liquor was made from Chimni Bhatta and nothing was recovered from conscious possession of the petitioner.

Learned counsel appearing on behalf of the State submits that the anticipatory bail petition of similarly circumstanced co-accused Ashok Yadav has been rejected by a

Patna High Court CR. MISC. No.8033 of 2020(3) dt.10-06-2020 2/2 coordinate Bench of this Court vide order dated 03.03.2020 passed in Cr. Misc. No. 6163 of 2020.

Considering the fact that anticipatory bail petition of similarly circumstanced co-accused Ashok Yadav has been rejected by a coordinate Bench of this Court vide order dated 03.03.2020 passed in Cr. Misc. No. 6163 of 2020, this Court is not inclined to grant bail to the petitioner. However, liberty is granted to the petitioner to surrender before the court below and pray for regular bail which shall be considered and disposed of without being prejudiced by the order of the present case.

(Anil Kumar Upadhyay, J) BT/- U