Patna High CourtCR. MISC./18059/2024bail granted

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

2024-03-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18059 of 2024 Arising Out of PS. Case No.-201 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Pankaj Kumar @ Pankaj Kumar Jha Son of Late Harendra Jha Resident of Village-Bahilwara ward no.-9, Police Station-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. Case No. 201 of 2024, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 315 liters liquor was recovered from car and puwal behind the house of petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.18059 of 2024(2) dt.12-03-2024 2/2 with the alleged recovery of liquor. It is further submitted that petitioner is not owner of the vehicle. The petitioner is in custody since 03.02.2024 and has got two criminal antecedents. 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 Excise P.S. Case No. 201 of 2024.

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