Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18526 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== Pankaj Kumar, aged about 18 years, Son of Srichand Sahani @ Shrichan Sahni, Resident of Village-Brahampuri, P.S.-Madhwapur, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the State :

Mr.Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-05-2020 This case has been posted before me for hearing through video-conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhwapur P.S. Case No.07 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 900 bottles of Nepali Saufi has been recovered from the motorcycle of the petitioner. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner is in

Patna High Court CR. MISC. No.18526 of 2020(2) dt.14-05-2020 2/2 jail custody since 20.01.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) only with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-Cum-Special Judge, Excise Act, Madhubani in connection with Madhwapur P.S. Case No.07 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T