Pankaj Ray @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5478 of 2021 Arising Out of PS. Case No.-790 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Pankaj Ray @ Pankaj Kumar Son of Rajeshvar Ray Resident of Vill.- Bajitpur Kodariya, Kharauna Dih, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Adv For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414,467,468,471/34 of the Indian Penal Code and Sections 30(a), 38(1), 41(1) of Bihar Prohibition and Excise Act, 2016. Recovery of liquor is alleged from a Truck. The petitioner was not there at the time of recovery, however, name of the petitioner surfaced in the statement of co-accused before the police. Petitioner has got no criminal antecedent. Since there is no direct material on petitioner's involvement, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.5478 of 2021(2) dt.15-11-2021 2/2 arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kudhani P.S.Case No.790 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T