Pankaj Pathak @ Pankaj Kumar Pathak @ Sunit Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22758 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== PANKAJ PATHAK @ PANKAJ KUMAR PATHAK @ SUNIT KUMAR PATHAK S/O BANKA PATHAK R/o village- Balathari, P.S.- Kuchaikot, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. At the time of recovery of liquor, two persons including Dharmendra Shahi were apprehended by the police. Petitioner has stated on oath that the petitioner had provided his motorcycle to Dharmendra Shahi for attending a marriage ceremony. Petitioner was unaware of the fact that Dharmendra was carrying liquor. Petitioner has got no criminal antecedent. Considering the nature of material against the

Patna High Court CR. MISC. No.22758 of 2021(2) dt.30-11-2021 2/2 petitioner and no criminal antecedent, 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 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 Excise case No. 337 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) 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. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T