Pankaj Sah @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12472 of 2021 Arising Out of PS. Case No.-438 Year-2018 Thana- MAHUA District- Vaishali ====================================================== PANKAJ SAH @ PANKAJ KUMAR Son of Rajeshwar Sah Resident of Village - Maricha, Jirbara, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mahua P.S. Case no. 438 of 2018 registered under sections 414 and 34 of the Indian Penal Code and sections 30, 30(a), 38 and 42 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on information having been received a raid was conducted and while the accused persons managed to escape, it is stated that a total of 1044 litres of liquor was recovered from the 2 vehicles. It is stated that the accused persons managed to escape but they were identified by the local chowkidar, the petitioner being one amongst the accused.

Patna High Court CR. MISC. No.12472 of 2021(2) dt.25-06-2021 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner who has been falsely implicated in the case because of his antecedent. He has no concern with either of the vehicles nor with the seized liquor. He is in custody since 16.11.2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having been arrested on the spot and having remained in custody for 7 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case no. 438/2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumExcise Court, Vaishali at Hajipur. (Partha Sarthy, J) Prakash/- U