Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17966 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- BANGARA District- Samastipur ====================================================== PANKAJ KUMAR S/o Devendra Prasad Singh @ Devendra Praaad Singh R/o village- Kothiya, P.S.- Bangara, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of N.H. Bangara P.S. Case No.12 of 2020 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

It is alleged in the First Information Report that 70.200 liters of foreign liquor was recovered from an open field near the PACS Godown. It is alleged that the petitioner was apprehended when he was seen fleeing away from the place of recovery.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 29.01.2020. The recovery, admittedly, has not been made from

Patna High Court CR. MISC. No.17966 of 2020(2) dt.13-05-2020 2/3 his possession and the godown, from where the recovery has been made does not belong to the petitioner in any manner. Considering the above submission and the contention that the petitioner has no criminal antecedent, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District Judge-cum-Special Judge, Excise, Samastipur, in N.H. Bangara P.S. Case No. 12 of 2020. Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shallbe preserved in my residential-office for documentation and

Patna High Court CR. MISC. No.17966 of 2020(2) dt.13-05-2020 3/3 future use, if any.

(iv) The said order shall be communicated to the Court below for the needful by the Registry through e-mail. Let steps betaken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T