Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24420 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- GORAUL District- Vaishali ====================================================== PANKAJ KUMAR Son of Brajesh Rai Resident of Village mansoorpur Halaiya, P.S. - Goraul (Katahara O.P.), Dist. Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate For the Opposite Party/s :
Md. Matloob Rab, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Ansul, learned counsel for the petitioner and Md. Matloob Rab, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No.82 of 2020 registered for the offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The allegation against the petitioner is that the Police intercepted one Alto car and recovered a total quantity of 155.52 litres of illicit liquor from the same. It has further been alleged that driver of the car was taken into custody and the petitioner who was sitting beside the driver in the car succeeded in fleeing away.
Patna High Court CR. MISC. No.24420 of 2020(2) dt.22-09-2020 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of statement made by the co-accused. Learned counsel further submits that the petitioner has not committed any offence in the manner alleged and referring to paragraph-6 submits that petitioner is not the owner of the said Alto car. He is in custody since 15.05.2020.
Learned counsel for the State, on the other hand, opposes the prayer for bail and submits that the petitioner has got criminal antecedents inasmuch as one Goraul (Katahara O.P.) P.S. Case No. 269 of 2017 is pending against him. Having regard to the submissions made by the parties and taking into consideration the materials on record, I am inclined to grant regular bail to the petitioner, after framing of charge.
This application is allowed.
Accordingly, let the petitioner, above named, be released on regular bail, after framing of charge, on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum Excise Court, Vaishali at Hajipur, in connection with Goraul (Katahara O.P.) P.S. Case
Patna High Court CR. MISC. No.24420 of 2020(2) dt.22-09-2020 3/3 No.82 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T