Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21776 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- DHANGAI District- Bhojpur ====================================================== PANKAJ SINGH Son of Bhupendra Singh Resident of Village - Kukraha, P.S.- Agion Bazar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhangai P.S. Case no. 75 of 2020 instituted for the offence under Sections 30(a) of Bihar Prohibition and Excise Act. The prosecution story relates to recovery of 322.92 litres of IMFL from the poultry farm of the co-accused namely, Pawan Singh.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.21776 of 2021(2) dt.20-12-2021 2/2 offence. He has got no criminal antecedent. In fact, the alleged recovery has been made from poultry farm of Vijay Singh and not from the poultry farm of the petitioner. His name has been disclosed in this case by the local choukidar, which has no evidentiary value in the eye of law. Nothing has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhangai P.S. Case no. 75 of 2020, he will be enlarged 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 IVth Additional Sessions Judge-cumSpecial Judge Excise, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U