Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32353 of 2021 Arising Out of PS. Case No.-245 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== PANKAJ KUMAR @ PANKAJ RAI, Son of Sri Devendra Ray, Resident of Village - Chandrahiya @ Chandrahia, P.S.- Kudhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Kudhani P.S. (O.P. Turki) Case No. 245 of 2018 dated 28.05.2018 registered for the offence under Sections 30(a)/38(i)/41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 20.02.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Further from perusal of the allegation as alleged in the F.I.R. it

Patna High Court CR. MISC. No.32353 of 2021(2) dt.26-11-2021 2/2 would manifest that the informant alleges that 576.990 litres of foreign liquor was recovered from the Bamboo orchard of Bhupnath Mahto.

Learned counsel for the petitioner submits that neither the orchard belongs to the petitioner nor he has any concern with the liquor.

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

Considering the fact that the petitioner is in custody since 20.02.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Kudhani P.S. (O.P. Turki) Case No. 245 of 2018 subject to the condition as laid down under section 437(3) of the Cr.P.C.

(Satyavrat Verma, J) uday/- U T