Patna High CourtCR. MISC./18794/2020bail granted

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

2021-01-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18794 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Pankaj Mahto @ Pankaj Kumar Mahto S/o Late Laxmi Mahto R/VSantunagar Ward No.06, P.S.- Town, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned counsel for the state.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with G.O. Case No.232 of 2019 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the complaint, 17.1 liters of country liquor was recovered from the Aangan of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place or else at least one other member of his family would have been taken into custody. The petitioner was also was not arrested at the alleged spot. He has no criminal antecedent.

Patna High Court CR. MISC. No.18794 of 2020(3) dt.06-01-2021 2/2 The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with G.O. Case No.232 of 2019 he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash Narayan /- U T