Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66239 of 2022 Arising Out of PS. Case No.-386 Year-2022 Thana- MADHAURAH District- Saran ====================================================== 1.

Pankaj Singh S/O Rajeshwar Singh R/O Village- Bajitpur Kewani, P.SGarkha, District- Saran 2.

Rajeshwar Singh S/O Babu Ram Singh R/O Village- Bajitpur Kewani, P.SGarkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 41(2) of the Bihar Prohibition & Excise Act.

There is recovery of 361 litres of Indian made Foreign Liquor from a pick-up van bearing registration No. BR-11GC-2388 and 1648.8 litres of IMFL from a truck bearing registration no. BR-27E-7438. Four

Patna High Court CR. MISC. No.66239 of 2022(2) dt.09-12-2022 2/3 persons were apprehended who disclosed their name as Vijay Paswan, Sonu Kumar, Vidyarathi Raj Nishant, Chandan Kumar. The petitioner No. 2 is the owner of the alleged pick-up van.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioners. The name of the petitioners have come only because they are the owner of the said vehicle. The alleged vehicle is a commercial vehicle and it is used for carrying the vegetables and driven by the driver. It is further submitted that petitioner No. 2 is the father of petitioner No. 1. The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority of concerned district. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four

Patna High Court CR. MISC. No.66239 of 2022(2) dt.09-12-2022 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge X-cum-2nd Exclusive Special Excise Court, Saran, Chapra in connection with Marhowrah P.S. Case No. 386 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority of concerned district. (Sunil Kumar Panwar, J) nirajkrs/- U T