Patna High CourtCR. MISC./44252/2017bail granted

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

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.44252 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44252 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Pankaj Kumar @ Pankaj @ Rahul Son of Ashok Sao, R/o Village- Sanot Saraiya, P.S.- Muffasil, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Magadh University P.S.Case No.68 of 2017 registered for offences punishable under Sections 272, 273, 414/34 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 240 ltrs. of liquor from the vehicle and the petitioner was apprehended from there.

Submission of the learned counsel for the petitioner is that there is no recovery from the conscious possession of the petitioner. The petitioner has remained in custody for about 03 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44252 of 2017 (2) dt.15-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Magadh University P.S.Case No.68 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T