Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48746 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Pankaj Kumar, Son of Kedar Thakur, resident of Village- Haridaspur, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Town P.S. Case No. 149 of 2018 registered for the offence punishable Sections 272, 273 of I.P.C. and Sections 30(a), 37(c) of Bihar Prohibition Excise Act, 2016 and Sections 25(1-b)a, 26 of the Arms Act.

5 lts. of foreign liquor, one country made pistol and two live cartridges loaded in its magazine are said to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the

Patna High Court Cr.Misc. No.48746 of 2018(2) dt.29-08-2018 2/2 seized articles. He has been falsely implicated in the case by the police by planting aforesaid recovery from his possession as the petitioner and his father failed to cough up the illegal demand of graft made by the police personnel. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 03.03.2018. Earlier, the bail prayer of the petitioner was rejected by this Court with liberty to renew his prayer for bail after framing of charge and now the charge in the case has been framed on 11.07.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Town P.S. Case No. 149 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T