Pankaj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62902 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== PANKAJ KUMAR SHARMA SON OF TRIPTI SHARMA R/O VILLAGERANCHI TANTI SILVAR, P.S.- KHELGAWAN, DISTRICT- RANCHI (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 210.75 litres of liquor from a bus at NH-83. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that petitioner is not named in the FIR and he came to be implicated eight months after institution of the FIR with a

Patna High Court CR. MISC. No.62902 of 2022(2) dt.25-11-2022 2/2 view to save the real culprits when admittedly petitioner is neither the owner nor the driver of the alleged vehicle. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Makhdumpur (Tehta) P.S. Case No. 448 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T