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Patna High CourtCR. MISC./78867/2019bail granted

Pankaj Kumar @ Pankaj Kumar Ram v. The State Of Bihar

2019-12-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78867 of 2019 Arising Out of PS. Case No.-569 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Pankaj Kumar @ Pankaj Kumar Ram, age-19 years, Male, Son of Lakshmi Ram Resident of Village - Bhagwanpur, Ward No. 4, P.S.- Birpur, Distt - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Narpatganj (Ghurna) P.S. Case No. 569 of 2019, Special Case No. 1323 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution story, the police has recovered 80 bottles each containing 300 ml. (total 24 liters) illegal liquor from the bag loaded on the Glamour motorcycle of the petitioner bearing Registration No. BR 50B 7888. The petitioner is in custody since 29.9.2019. Looking to the quantity of liquor as also the period of

Patna High Court CR. MISC. No.78867 of 2019(2) dt.04-12-2019 2/2 custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Narpatganj (Ghurna) P.S. Case No. 569 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Narpatganj (Ghurna) police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T