Pankaj Kumar @ Pankaj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6999 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- PATORI District- Samastipur ====================================================== PANKAJ KUMAR @ PANKAJ KUMAR RAY SON OF SHIVCHANDRA RAY R/O VILLAGE- CHANDPUR, DHAMAUN, P.S.- SAHPUR PATORI, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 9.900 litres of liquor from the Gumati of the petitioner.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he has been falsely implicated in the present case. Petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the alleged recovery is not from the Gumati of the petitioner but from the place adjacent to the

Patna High Court CR. MISC. No.6999 of 2022(2) dt.08-07-2022 2/2 Gumati but police based on secret information falsely implicated the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 1096 of 2021 arising out of Patori P.S. Case No. 415 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T