Pankaj Kumar Sah @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15842 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- ANTICHAK District- Bhagalpur ====================================================== 1.
Pankaj Kumar Sah @ Pankaj Kumar Son of Bimal Sah Resident of Village - Antichak, P.S. - Antichak, District - Bhagalpur 2.
Dinesh Sah @ Dinesh Kumar Son of Bimal Sah Resident of Village - Antichak, P.S. - Antichak, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent.
4. Allegation is of recovery of 18 litres of liquor from a place near Basa of Pankaj Kumar Sah (petitioner no. 1).
5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.15842 of 2025(2) dt.16-04-2025 2/3 recovery is from a place which does not belong to the petitioners but then is adjacent to the Basa of petitioner no. 1, as such, they came to be implicated at the instance of the Chawkidar. It is next submitted that if the Chawkidar was aware of the involvement of petitioners in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each 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 Antichak P.S. Case No. 152 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioners and if it is found that petitioner no. 1 has antecedent of more than
Patna High Court CR. MISC. No.15842 of 2025(2) dt.16-04-2025 3/3 one case and petitioner no. 2 has antecedent of even one case in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner no. 1 has antecedent of only one case and petitioner no. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Kundan/- U T