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Patna High CourtCR. MISC./69817/2022bail granted

Pankaj Kumar @ Ghorwa @ Pankaj Paswan v. The State Of Bihar

2022-12-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69817 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== PANKAJ KUMAR @ GHORWA @ PANKAJ PASWAN Son of Lalchand @ Lalchand Paswan @ Chandi Paswan Resident of village - Madhokhap, Ghosta, P.S.- Madanpur, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 30(b), 30(c) and 33 of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 420 litres spirit, 88 pieces of empty bottles, 08 pieces of liquor sticker along with 31 pieces of bottle cap from the mud house of petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further

Patna High Court CR. MISC. No.69817 of 2022(2) dt.19-12-2022 2/2 submitted that the alleged hut is in tattered condition and no one stays there and he came to be implicated based on secret information which is the easiest way to implicate someone. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 88 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify his criminal antecedent and if it is found that the petitioner has antecedent of more than one case, then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) Rishi/- U T