Patna High CourtCR. MISC./12868/2024bail granted

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

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12868 of 2024 Arising Out of PS. Case No.-806 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Pankaj Kumar Singh @ Pankaj Kumar S/O Satyanarayan Singh @ Late Satya Narayan Singh R/O Vill- Margi, P.S.- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mahua P.S. Case No. 806 of 2023, instituted for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 150 liters liquor was recovered from two motorcycles in front of the hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.12868 of 2024(2) dt.27-02-2024 2/2 the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that name of the petitioner has transpired as being owner of the hut. The motorcycle in question does not belong to the petitioner. The petitioner is in custody since 04.01.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 806 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T