Patna High CourtCR. MISC./23468/2020allowed

Pankaj Kumar @ Pankaj Ray v. The State Of Bihar

2020-10-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23468 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Pankaj Kumar @ Pankaj Ray Son of Lakhi Ray @ Lakhindar Ray Resident of Village - Fatehabad, P.S.- Paroo, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Paroo P.S. Case No. 100 of 2020 for the offence under sections 270, 273 of the Indian Penal Code and Section 30, 30(a)(c) (d)/33/36 of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that in the instant case total 2931.840 liters of foreign liquor was seized and 90 liters of spirit was also seized from the hut of Shankar Ram.

Learned counsel for the petitioner would submit that recovery was not made from the possession of the petitioner. The name of the petitioner was disclosed by the villagers. Considering the fact that the recovery was not made

Patna High Court CR. MISC. No.23468 of 2020(2) dt.14-10-2020 2/2 from the house of the petitioner, the Court is inclined to grant anticipatory bail to the petitioner subject to the condition that the petitioner shall deposit Rs. 1,00000/- cash in the court below and on deposit of Rs. 1,00,000/- cash the court below shall release the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of this order, on bail on furnishing bail bond of Rs. 1,00,000/- (One lac with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Paroo P.S. Case No. 100 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The amount of Rs. 1,00,000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T