Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38364 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Pankaj Kumar S/O Bhagat Ray R/O Village- Dubha, P.S.- Sakra, DistrictMuzaffarpur, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.AN Singh I , Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30a/36/35 of the Bihar Prohibition and Excise Act and section 414 of the Indian Penal Code.

As per the prosecution case, on the disclosure made by this petitioner 258.90 liters of foreign liquor was recovered hidden beneath the soil in the orchard.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner claims clean antecedent. Petitioner is in custody since 22.2.2021.

Patna High Court CR. MISC. No.38364 of 2021(2) dt.24-09-2021 2/2 Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in Sakra Police Station Case No. 115 of 2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T