Pankaj Kumar Shah @ Pankaj Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58188 of 2025 Arising Out of PS. Case No.-299 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== 1.

Pankaj Kumar Shah @ Pankaj Saw S/o Pradeep Shah @ Pradip Sah R/0 Village - Mallaypur, P.S. - Mallaypur, District - Jamui 2.

Shubham Kumar Paswan S/o Sambhu Paswan R/0 Village - Mallaypur, P.S. - Mallaypur, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with JAM P.S. Case No. 299 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of total 1.5 liter foreign liquor from the bank of the Anjan river. It is alleged that the petitioners fled away from the spot after seeing the police.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. The recovery has been made from the open place which is accessible to the public at large. The petitioners were not

Patna High Court CR. MISC. No.58188 of 2025(2) dt.16-09-2025 2/2 present on the spot and no incriminating article has been recovered from their conscious or constructive possession and only on suspicion with ulterior motive, they have been made accused in this case. The petitioners have one criminal antecedent of similar nature in which they are on bail and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Court-II, Jamui in connection with JAM P.S. Case No. 299 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) AjayMishra/- U T