Pankaj Kumar Yadav @ Pankat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39444 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== PANKAJ KUMAR YADAV @ PANKAT YADAV, Son of Sri Ram Babu Yadav Resident of Village - Gangapur, P.S.- Lakhnaur, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar, Advocate For the Opposite Party/s :

Mr.Takeshwar Nath Thakur, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 23.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Pandaul P.S. Case no. 28 of 2020, registered under Sections 25(1-b)a, 26,35/37 of the Arms Act.

The accusation is that the informant Ajit Kumar Pandey was doing the business of illicit liquor in association with his maternal uncle Sanjeev Thakur due to that reason, he had to go to Jail, but, after releasing on bail, he started to live at

Patna High Court CR. MISC. No.39444 of 2020(2) dt.15-07-2021 2/3 his house, but, his material uncle Sanjeev Thakur asked him to indulged in business of illicit liquor, but, he refused. On 08.02.2020, Sanjeev Thakur, maternal uncle of informant, along with Umesh Kamti, Sanjit Paswan, Ranjit Thakur and Pankaj Yadav (Petitioner) came at his house, boarding on two motorcycles, and asked him to indulged in illicit business of liquor on which he refused due to that reasons, Umesh Kamti put pistol at his temporal region and he also fired in the air. On raising alarm, villagers rushed there and with the help of villagers, Sanjit Paswan was apprehended, while others managed to escaped from there boarding on motorcycles. Learned counsel for the petitioner submits that, in fact, petitioner is the friend of Sanjeev Thakur, maternal uncle of informant due to that reasons, he has falsely been implicated in this case without any overt act. Further submission is that while petitioner is accused in two cases, as detailed in para-03, but he is on bail in that cases.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.39444 of 2020(2) dt.15-07-2021 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 28 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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