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Patna High CourtCR. MISC./52887/2022bail granted

Pankaj Kumar v. The State Of Bihar

2022-11-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52887 of 2022 Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

PANKAJ KUMAR Son of Denendra Bhagat R/V- Siuri Aima, P.S- Saraiya, Dist- Muzaffarpur 2.

Pawan Kumar Son of Denendra Bhagat R/V- Siuri Aima, P.S- Saraiya, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2022 Heard learned counsel for the parties through video conferencing.

The petitioners apprehend their arrest in a case registered for the offence under Sections 272, 273, 284, 328, 307, 302, 34, 120(B) of the I.P.C. and Section 30(a), 37(b), 33, 36, 34 of Bihar Prohibition and Excise Act.

As per F.I.R., petitioners are alleged to have provided poisonous liquor in a feast, which was organised on the eve of chathi of grandson of Mukesh Bhagat at his house, and in the said function, one person died, wheres 5-6 persons have seriously fallen ill after consuming the liquor. It is submitted on behalf of petitioners that petitioners have been made accused only on suspicion. In fact, petitioners

Patna High Court CR. MISC. No.52887 of 2022(2) dt.11-11-2022 2/2 were one of the participants in the feast. Nothing has been recovered from the conscious possession of the petitioners. Petitioners have got clean antecedent.

Considering the nature of allegation and clean antecedent of petitioners, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from the date of receipt / production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 728 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) anay/- U T