← Library
Patna High CourtCR. MISC./45742/2024allowed

Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45742 of 2024 Arising Out of PS. Case No.-670 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pankaj Yadav @ Pankaj Kumar son of Late Raja Ram Yadav Resident of Village-kabirchak P.S. Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Darbhanga Sadar P.S. Case no. 670 of 2022 instituted for the offence under Sections 30(a) of Bihar Prohibition & Excise Act.

It is a case of recovery of 210 litres of Nepali liquor from an abandoned house.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.45742 of 2024(2) dt.02-07-2024 2/2 has no concern either with the alleged recovery or with the place of seizure. The name of petitioner sprang up on the basis of secret information. There is no independent witness of the alleged recovery.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Darbhanga Sadar P.S. Case no. 670 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise I, Darbhanga, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T