Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32780 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== PANKAJ KUMAR SON OF LATE SAGAR SINGH @ RAM SAGAR SINGH R/O-MATHURAPUR TARA, WARD NO. 06, P.S.-KALYANPUR, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Chakmehsi Police Station (for brevity, PS) Case No 154 of 2021 dated 24.10.2021 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 466.920 litres of illicit foreign liquor was recovered from the truck.

Patna High Court CR. MISC. No.32780 of 2023(2) dt.24-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal cases, as stated in paragraph 3 of the bail petition. He is in custody in this case since 14.03.2023. Learned counsel has further submitted that the petitioner was not arrested on the spot.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cumSpecial Judge, Excise Court No I, Samastipur in Chakmehsi PS Case No 154 of 2021 dated 24.10.2021.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T