Patna High CourtCR. MISC./69910/2024bail granted

Pankaj Kumar @ Luksi v. The State Of Bihar

2024-09-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69910 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Pankaj Kumar @ Luksi Son of Jagdish Rai Resident of Village - Jitwarpur Nizamat, P.S. - Muffasil, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the allegation is of recovery of 225 litres of liquor from an abandoned house of Nityanand Rai.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and

Patna High Court CR. MISC. No.69910 of 2024(2) dt.26-09-2024 2/3 even alleged recovery is from a place, which does not belong to the petitioner and he came to be implicated at the instance of Chaukidar. It is next submitted that it appears that the Chaukidar in order to save the real culprit falsely implicated the petitioner

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, the learned Exclusive Special Excise Court No.1, Samastipur in connection with Muffasil P. S. Case No.274 of 2024 dated 27.07.2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify

Patna High Court CR. MISC. No.69910 of 2024(2) dt.26-09-2024 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than five cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T