Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24900 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Pankaj Kumar Singh S/o Sri Paramanand Singh R/o Village - Khajasarai, P.S. - Laheriasarai, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushalesh Choudhary, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bahardurpur P.S. Case No. 466 of 2023 registered for the offence under Section 30(a), 32(i), 32 (ii), 41 and 47 of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 1105.92 liters of illicit liquor from truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is not named in the FIR, his name has been surfaced on the confessional statement of other co-accused persons who have already been granted bail by this Court in Criminal Miscellaneous Nos. 7343 of 2024, 20266 of 2024,

Patna High Court CR. MISC. No.24900 of 2024(2) dt.03-04-2024 2/2 10839 of 2024 and 8723 of 2024 vide orders dated 13.02.2024, 15.03.2024, 22.02.2024 and 16.02.2024 respectively. Petitioner is in custody since 20.10.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge - Ist (Excise Act), Darbhanga in connection with Bahadurpur P.S. Case No. 466 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge. (Ramesh Chand Malviya, J) saurabhkr/- U T