Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25817 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- TARARI District- Bhojpur ====================================================== PANKAJ SINGH S/o Lal Babu Singh R/o- Diliya, P.S.- Tarari, DistrictBhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Tarari P.S. Case No. 132 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

471.20 litres of liquor and 15 litres of sprit are said to have been recovered from Banswari.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. It is further

Patna High Court CR. MISC. No.25817 of 2021(2) dt.18-11-2021 2/3 submitted that the alleged recovery of liquor is made from Banswari of Birendra Singh. Nothing has been recovered from conscious possession of the petitioner. Petitioner is in custody since 10.02.2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th cum Special Judge, Excise Act, Bhojpur at Ara in connection with Tarari P.S. Case No. 132 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.25817 of 2021(2) dt.18-11-2021 3/3 prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T