Patna High CourtCR. MISC./278/2021bail granted

Pankaj Kumar v. The State Of Bihar

2021-06-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.278 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== PANKAJ KUMAR, S/o Kuldeep Yadav R/o Village- Chamerdiha, P.S.- Rajgir, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Raj Kishore Prasad, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Giriyak P. S. Case No. 297 of 2020, dated 19.08.2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the

Patna High Court CR. MISC. No.278 of 2021(2) dt.23-06-2021 2/3 petitioner that he has been named by one of the arrested accused persons, namely, Gorelal Thakur. From the possession of Gorelal Thakur, 48 bottles of beer was recovered.

The petitioner does not have criminal antecedents.

The petitioner has got no concern at all with Gorelal Thakur or the seized items.

The learned counsel for the petitioner, therefore, submits that the offence under Excise Act cannot be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above-named, 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.278 of 2021(2) dt.23-06-2021 3/3 of the learned A.D.J. - III-cum-Special Judge (Excise), Nalanda at Biharsharif, in connection with Giriyak P. S. Case No. 297 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T