Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86730 of 2024 Arising Out of PS. Case No.-705 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Pankaj Yadav @ Pankaj Kumar, Son of Late Santoshi Yadav @ Late Santosh Yadav @ Santosh Yadav Resident of Village - Bhaluhipur, P.S. - Ara Nagar (Ara Town), District - Bhojpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Deepak Kumar, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Ara Town PS. Case No.705 of 2024 dated 26.10.2024, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 9 liters of mahua liquor has been recovered from an open space and as per hearsay, the petitioner is alleged to have kept that liquor at the place of recovery.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do
Patna High Court CR. MISC. No.86730 of 2024(3) dt.22-03-2025 2/3 with the alleged recovery of liquor and the place of recovery is accessible to public. He also submits that the name of the petitioner has transpired only on the basis of suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in nine other cases.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I, Bhojpur at Ara, in connection with Ara Town PS. Case No.705 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
Patna High Court CR. MISC. No.86730 of 2024(3) dt.22-03-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T