Pankaj Kumar @ Luksi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17833 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== PANKAJ KUMAR @ LUKSI Son of Jagdish Rai Resident of VillageJitwarpur Nizamat, Ward No. 10, P.S.-Muffasil, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32, 36, 41(i) and 41(ii) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 1110.60 litres of liquor from a pick-up van. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of the seized vehicle and he came to be implicated at the instance of Chowkidar. It is next submitted that

Patna High Court CR. MISC. No.17833 of 2024(2) dt.19-03-2024 2/2 police in 90 percent of the cases are implicating accused persons at the instance of chowkidar or local people. It is also submitted that if the chowkdiar was aware that the petitioner was involved in the occurrence they why he did not inform the police earlier. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Samastipur Muffasil P.S. Case No. 393 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Sumit/- U T