Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30865 of 2020 Arising Out of PS. Case No.-31 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== Pankaj Kumar, Aged about 30 years, Male, Son of Ranjeet Rai, R/o Village Husenipur, P.S. Tisiauta, District Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2020 Heard learned counsel for the petitioner and Mr. Bhanu Pratap Singh, the learned Additional P.P. through video conferencing.

The petitioner apprehends his arrest in Tisiauta P.S. Case No.31 of 2019, registered under Sections 30(a)(b) (c)/38/41(a)(b) of the Bihar Prohibition and Excise Act. The police having received information that Raj Kishore Singh along with his accomplices brought liquor and kept the same in straw house of Kapileshwar Rai, raided the place. From the house of Kapileshwar Rai, 360 litres of Indian made foreign liquor was recovered. Kapileshwar Rai is said to have disclosed the name of Pankaj Kumar, the petitioner and three others.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30865 of 2020(2) dt.17-12-2020 2/2 petitioner has got no criminal antecedent and nothing has been recovered from possession of the petitioner.

Taking into consideration the facts that name of the petitioner surfaced in the case in the confessional statement of co-accused, Kapileshwar Rai from whose possession huge quantity of liquor was recovered but nothing has been recovered from possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumExcise Court, Vaishali at Hajipur in connection with Tisiauta P.S. Case No.31 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T