Pankaj Kumar @ Pakauri @ Pankaj Rai @ Pakauri Rai Vs The… — Anticipatory Bail | Patna HC (2025)

Pankaj Kumar @ Pakauri @ Pankaj Rai @ Pakauri Rai Vs The… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail if arrested or surrenders within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge II, Saran at Chapra, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the petitioner apprehending arrest in Sonepur P.S. Case No. 692 of 2024, registered for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts of the case, the pre-arrest bail petition is allowed.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge II, Saran at Chapra in Sonepur Police Station Case No. 692 of 2024.

Key takeaways

The release on bail is subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court allows the pre-arrest bail application of the petitioner apprehending arrest in Sonepur P.S. Case No. 692 of 2024 (District Saran), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, wherein 135 liters of illicit liquor was allegedly recovered from the river side. Counsel contended that no incriminating material was recovered from the petitioner's conscious possession and that he was falsely implicated on suspicion; the petitioner was noted to have one criminal antecedent of similar nature. The Court directed that in the event of arrest or surrender within six weeks the petitioner be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge II, Saran at Chapra, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J.; order dated 15-05-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9667 of 2025

Arising Out of PS. Case No.-692 Year-2024 Thana- SONEPUR District- Saran

======================================================

Pankaj Kumar @ Pakauri @ Pankaj Rai @ Pakauri Rai son of Rampravesh Rai Residdent of Vill- Baburbani, P.S.- Sonepur, District- Saran

... ... Petitioner/s

Versus

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

... ... Opposite Party/s

For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr.Md. Mushtaque Alam, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 15-05-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

Prosecution case is that 135 liters illicit liquor has been recovered from the river side.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case on suspicion. Petitioner has got one criminal antecedent of similar nature.

Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, above named, be

Patna High Court CR. MISC. No.9667 of 2025(3) dt.15-05-2025 2/2

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 the Exclusive Special Excise Judge II, Saran at Chapra in Sonepur Police Station Case No. 692 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashi/-

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