Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76627 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Pankaj Kumar, Son of Kameshwar Rai, Resident of Village- Rani Sarai 96 Mahmadpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 8893 of 2019, arising out of Athmalgola P.S. Case No. 180 of 2019, for the offence under Sections 30(a) and 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 07.10.2019. He further submits that in the instant case total 60 litres of country made liquor was seized. Considering the fact that the petitioner has got no criminal antecedent, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act,

Patna High Court CR. MISC. No.76627 of 2019(3) dt.11-12-2019 2/2 Patna in connection with Special Case No. 8893 of 2019, arising out of Athmalgola P.S. Case No. 180 of 2019 subject to the condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited. (Anil Kumar Upadhyay, J) uday/- U T