Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.286 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Pankaj Kumar Singh Son of Satyendra Singh Resident of Village - Kapripur Lakri nabiganj, P.S.- Basantpur, Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Basantpur (Lakri Nabiganj O.P.) P.S. Case No. 492 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R., it is alleged that on receiving secret information that petitioner kept illicit liquor in Bamboo bush, the police reached at the spot and recovered total 9.375 illicit liquor, seeing the police petitioner and some other persons fled away from the place of occurrence.

Patna High Court CR. MISC. No.286 of 2022(2) dt.14-06-2022 2/3 Learned counsel for the petitioner submits that recovery of the illegal liquor was from the Bamboo bush which does not belong to the petitioner. There is no recovery from the conscious possession of the petitioner and the name of the petitioner has transpired in the present case on the disclosure of local people due to local village politics. There is no material to show that the petitioner is involved in the offence. He has also submitted that the petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioner, however, he has conceded that the recovery is made from the Bamboo bush. Having heard learned counsel for the parties and Considering the recovery of 9.

375 liters liquor from the Bamboo bush and that the petitioner has no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.286 of 2022(2) dt.14-06-2022 3/3 (Lakri Nabiganj O.P.) P.S. Case No. 492 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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