Pankaj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59973 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- MADHEPUR District- Madhubani ====================================================== PANKAJ SHARMA S/o Binod Kumar Sharma, Resident of Sukaut Sarni New Milan Pally, Ward No. 25, Silliguri (M. Corp), P.S.- Silliguri Bazar, District- Darjeeling (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Madhepur P.S. Case No.135 of 2018 registered for offence punishable under sections 272, 273 120(B) of the Indian Penal Code read with section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

A car has been intercepted from where 36 litres of illegal liquor has been recovered.

The learned counsel for the petitioner submits that the petitioner is doing business in Silliguri and his driver without his information, has loaded the liquor at the instance of one Pramod Kumar and thereafter, he moved to the side of

Patna High Court CR. MISC. No.59973 of 2019(3) dt.20-11-2019 2/2 Madhubani. He further submits that the petitioner has no criminal antecedent and it is the first time, he has been named in the present case.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Madhubani in connection with Madhepur P.S. Case No. 135 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T