Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65275 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MALI District- Aurangabad ====================================================== Pankaj Kumar Son of Shri Ramprabesh Seth R/o Village - Charan, P.S. - Mali, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mali P.S. Case no. 114 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, sections 191(2), 190, 127(2), 115(2), 109, 132, 253 and 352 of the Bhartiya Nyaya Sanhita, 2023 and sections 3 (1)(r)(3) and 3 (2)(va) of the S.C and S.T (Prevention of Atrocities) Act.
3. As per the prosecution case, the informant states that on receiving information about the accused being involved in sale of illicit liquor, a raid was conducted. The accused Dhananjay Soni was caught and 2.1 litres of liquor was recovered. It is stated that soon after the arrest, the co-villagers and others
Patna High Court CR. MISC. No.65275 of 2025(2) dt.17-09-2025 2/3 gathered there and started to protest against the arrest. They became violent. With the assistance of the video footage and the local chowkidars, it is stated that the 10 named accused persons including the petitioner herein and 50-60 other persons were identified.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case at the instance of the local chowkidars with whom the relationship of the petitioner is not on good terms. The petitioner is alleged to have been identified in the video footage. The allegations against the petitioner besides being general and omnibus are false and incorrect. The case of the petitioner stands on a similar footing to that of six other co-accused who have been enlarged on anticipatory bail vide order dated 4.8.2025 passed in Cr. Misc. no. 45742 of 2025. The petitioner has no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the allegations being general and omnibus in nature together with grant of anticipatory bail to six similarly situated co-accused vide aforesaid order dated 4.8.2025 and the
Patna High Court CR. MISC. No.65275 of 2025(2) dt.17-09-2025 3/3 petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mali P.S. Case no.114 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no-II, Aurangabad.
(Partha Sarthy, J) Shiv/- U T