Pankaj Kumar @ Pankaj Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50382 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== Pankaj Kumar @ Pankaj Kumar Mahto, aged about 30 years (Male), Son of Late Satto Mahto, Resident of Village-Badahi, P.S-Kuoti, District-Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with G.O. Case No. 537 of 2019, arising out of Keoti P.S. Case No. 90 of 2019, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation has been made that about 22.500 liters of liquor has been recovered from a bush near to the bathroom of the petitioner.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
Looking to the quantum of liquor recovered from the bush as also the fact that the petitioner has no criminal
Patna High Court CR. MISC. No.50382 of 2019(2) dt.13-08-2019 2/2 antecedent, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional District Judge- II-cum- Special Judge, (Excise Act), Darbhanga, in connection with G.O. Case No. 537 of 2019, arising out of Keoti P.S. Case No. 90 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 09.08.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T