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Patna High CourtCR. MISC./18102/2018bail granted

Pankaj Kumar v. The State Of Bihar

2018-03-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18102 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- ARARIA District- Araria ====================================================== Pankaj Kumar, Son of Bindeshwari Rajak, Resident of Village- Hatia Gachhi Ward no. 32, Police Station- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No.84 of 2018, arising out of Araria P.S. Case No.31 of 2018, registered under Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of 40 bottles, each containing 750 ml. Indian Made Foreign Liquor, and 24 bottles, each containing 375 Indian Made Foreign Liquor, from the dickey of the car, which was being driven by the co-accused Md. Irfan and this petitioner was found sitting in the car. Learned counsel for the petitioner submits that, in fact, the petitioner is neither the driver nor the owner of the car. The

Patna High Court Cr.Misc. No.18102 of 2018(2) dt.29-03-2018 2/2 petitioner after taking the lift was travelling in the car but, unfortunately, he was also apprehended by the police. The petitioner having no criminal antecedent is in custody since 23.01.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Special Case No.84 of 2018, arising out of Araria P.S. Case No.31 of 2018. (Rajendra Kumar Mishra, J) P.S./- U