Pankaj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34568 of 2020 Arising Out of PS. Case No.-163 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== Pankaj Kumar Choudhary, son of Late Vakil @ Bauku Pasi, Resident of Village- Bhawan Devi Road, Bhawanipur, Police Station- Bhawanipur, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

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

The petitioner apprehends his arrest in connection with Bhawanipur P.S. Case No. 163 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016, pending in the court of learned Special Judge Excise, Purnea.

The accusation is of recovery of 20 litre, kept in four gallons, country made liquor from the house of the

Patna High Court CR. MISC. No.34568 of 2020(2) dt.22-03-2021 2/2 petitioner.

Learned counsel for the petitioner submits that petitioner has not been apprehended at the spot rather his name has surfaced in the present case due to ulterior motive. Further submission is that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case and the recovery of alleged country made liquor from the house of the petitioner, I am not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T