Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32002 of 2024 Arising Out of PS. Case No.-452 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Pankaj Singh, Aged about 45 years, Male, Son of Baijnath Singh, Resident of Village- Shahpur Patori, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dalsinghsarai P.S. Case no. 452 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 1642.68 litres of illicit liquor from a container bearing registration No. HR55S-4019.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovered liquor and container. He is neither the owner nor driver of the said container. Neither the

Patna High Court CR. MISC. No.32002 of 2024(2) dt.25-04-2024 2/2 petitioner was arrested nor any incriminating article has been recovered from his possession. There is no independent witness of the seizure list. His name has been implicated only on the statement of driver of the said container Jitendra Rai, who was arrested on the spot and he has already been granted bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 20308 of 2024.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dalsingsarai P.S. Case no. 452 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ramesh Chand Malviya, J) lata/- U T