Pankaj Ray @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68795 of 2022 Arising Out of PS. Case No.-147 Year-2020 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== PANKAJ RAY @ PANKAJ KUMAR SONU KUMAR R/O Village- Litiyahi, P.S- Raghopur (Rustampur O.P) in the District of Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Industrial Area P.S. Case No.147 of 2020, registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 1719 litres of foreign liquor was recovered from a truck and 72 litres of foreign liquor was recovered from a Maruti Dzire vehicle. The petitioner is not apprehended at the spot and the apprehended accused disclosed the name of the petitioner. It is further

Patna High Court CR. MISC. No.68795 of 2022(2) dt.16-12-2022 2/3 submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is agree to deposit a sum of Rs. 50,000/- (rupees fifty thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

In the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.1-cumAdditional District and Sessions Judge, Vaishali at Hajipur in connection with Industrial Area P.S. Case No.147 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. as well as subject to the further conditions that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.68795 of 2022(2) dt.16-12-2022 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) S.KUMAR/- U