Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33537 of 2020 Arising Out of PS. Case No.-321 Year-2020 Thana- MAHUA District- Vaishali ============================================== PANKAJ KUMAR S/o Madan Rai Resident of Madhaul, P.S.- Mahua, District- Vaishali at Hajipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anish Chandra, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2021 Heard Mr. Anish Chandra, learned counsel for the petitioner and Mr. Rajendra Prasad, learned APP for the State.

The learned counsel for the petitioner has submitted that in the F.I.R., the petitioner's name has been shown as Pankaj Rai whereas in the impugned order, his name has been shown as Pankaj Kumar.

The petitioner seeks bail in anticipation of his arrest in connection with Mahua P.S. Case No. 321 of 2020 dated 11.06.2020 instituted for the offences under Sections 30(i), 32(ii), 34 (ii), 38(ii), and 41 (I) of the Bihar Prohibition and Excise Act, 2018.

Patna High Court CR. MISC. No.33537 of 2020(2) dt.10-03-2021 2/3 4520 litres of liquor is said to have been recovered from a vehicle. The petitioner has been named by the local Chowkidar as one of the persons, who fled away from the place of raid.

Learned counsel for the petitioner has submitted that the implication of the petitioner is only on the basis of information provided by the local Chowkidar and that also without any basis. There is no recovery from the house of the petitioner or from his possession.

The petitioner does not have criminal antecedents.

Considering the nature of accusation against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Excise Court, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 321 of 2020, subject

Patna High Court CR. MISC. No.33537 of 2020(2) dt.10-03-2021 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

The court below before accepting the bail bonds shall ascertain whether the petitioner is the same person, who has been made accused in this case and then only he shall be allowed to furnish his bonds.

(Ashutosh Kumar, J) sunilkumar/- U T