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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23668 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== Pankaj Yadav @ Pankaj Kumar Yadav, S/O Chhote Lal Yadav, R/V-Lerjha, P.S-Bithan, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 24-01-2022 The applicant/accused in Crime No. 18 of 2020 registered with Gadhpura Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail during the pendency of the trial.

Heard both sides.

The coordinate Bench of this Court was pleased to reject the earlier bail application of the applicant with an observation that the same is being rejected for the time being and the applicant can renew his prayer for bail on completion of one year in custody. That is how the present application is filed by the applicant.

The vehicle in which the applicant and co-accused Mukesh Kumar were traveling came to be intercepted in the

Patna High Court CR. MISC. No.23668 of 2021(2) dt.24-01-2022 2/3 night hour of 25.02.2020 and from that vehicle, as alleged by the prosecution 36 litres of Indian made foreign liquor came to be seized.

The investigation of the crime in question is already over. The applicant has undergone his pretrial detention for more than one year and therefore, I see no reason to deny the bail to the applicant. Hence, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 18 of 2020 registered with Gadhpura Police Station for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact

Patna High Court CR. MISC. No.23668 of 2021(2) dt.24-01-2022 3/3 the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Bhardwaj/- U T