Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19331 of 2022 Arising Out of PS. Case No.-785 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== PAWAN KUMAR SON OF BRIJ BIHARI RAY Resident of Village - Alkapuri, Bhagwanpur, P.s.- Sadar, Distt.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms. Vaishnavi Singh Mr. Malay Kumar Chaudhary Mr. Udbhav For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Saraiya P.S. Case No. 785 of 2021, registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2018, Sections 20/22 of the N.D.P.S. Act and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per allegation, the police intercepted one I-20 red colour vehicle which was driven rashly and two persons were arrested who were travelling from that vehicle, the present petitioner and co-accused Monu @ Abhimanyu Singh. Approximately, 2.50 litres of liquor and 2 kg ganja was recovered from that vehicle. The

Patna High Court CR. MISC. No.19331 of 2022(2) dt.02-06-2022 2/2 petitioner and co-accused, as per allegation, were also having pistol and cartridges which was recovered from their possession. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated and he is under custody since 24.11.2021.

Considering the period of custody as well as noticing criminal antecedents, the petitioner above-named is directed to be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 785 of 2021. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T