Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6734 of 2020 Arising Out of PS. Case No.-156 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== PANKAJ KUMAR S/o Late Bangali Yadav R/o village- Bangbaria, P.S.- Bounsi, P.O.- Shyam Bazar, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Section 30(C) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Rule 3 of Mahua Flower Rule, 2006.

Allegation is of recovery of 40 Kg Mahua flower tied on the carrier of the motorcycle of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Learned counsel for the petitioner submits that petitioner has sold his motorcycle to the FIR named accused

Patna High Court CR. MISC. No.6734 of 2020(2) dt.01-10-2020 2/2 Jaykant Yadav but transfer of ownership has not been done. It has been further submitted that Jaykant Yadav has accepted this fact before police that he has purchased the alleged motorcycle from petitioner. FIR named accused Jaykant Yadav has already been granted bail by Special Court vide order dated 07.01.2019. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Complaint Case No. 156 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U