Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42200 of 2023 Arising Out of PS. Case No.-657 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Pankaj Kumar @ Pankaj Yadav, Son of Bijendra Yadav @ Bijen Yadav @ Vijendra Yadav Resident of Village - Mathai, Ward No.- 02, P.S.- Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Alamnagar Excise Case No. 156 of 2020-21 related to Excise Case No. 657 of 2020 lodged on 01.10.2020 under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 71.25 litres of illicit foreign liquor were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is in custody since 07.05.2023 and

Patna High Court CR. MISC. No.42200 of 2023(2) dt.14-07-2023 2/3 the chargesheet has already been submitted. Apart from the present case, the petitioner is accused in two other criminal cases in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge, Excise-II, Madhepura in connection with Excise Case No. 156 of 2020-21 related to Excise Case No. 657 of 2020, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, which shall be resulted in the cancellation of his bail bond.

B. One of the bailors shall be a close relative who shall file an affidavit before the court about his relationship

Patna High Court CR. MISC. No.42200 of 2023(2) dt.14-07-2023 3/3 with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of the present bail bond, violation of this condition shall result in cancellation of his present bail bond.

(Dr. Anshuman, J) Ashwini/- U T