Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11627 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== PANKAJ KUMAR Son of Om Prakash Bhargav R/O- Saihla, P.S.- Ratangarh, Distt.- Churu (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Araria Excise Circle P.S. Case No. 363 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 311.28 liter foreign liquor from the Bolero Pickup van in question. Petitioner being the driver of the said pickup van apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 16.12.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

Patna High Court CR. MISC. No.11627 of 2023(2) dt.03-05-2023 2/3 the case and there is no likelihood of tampering with the prosecution evidence. Nothing has been recovered from the conscious possession or personal possession of the petitioner. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. - 2, Araria in connection with Araria Excise Circle Case No. 363 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for

Patna High Court CR. MISC. No.11627 of 2023(2) dt.03-05-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T