Pankaj Sah @ Kumar Sah @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29007 of 2025 Arising Out of PS. Case No.-520 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Pankaj Sah @ Kumar Sah @ Pankaj Kumar S/O Shambhu Sah R/o - Puchari Bazar, P.S - Baniyapur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Chapra Muffasil PS Case No. 520 of 2020 instituted for the offences under Sections 467, 468, 471 of the IPC and Sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 130 litres of liquor was recovered from Alto Car bearing Registration No. BR1T-4275.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been
Patna High Court CR. MISC. No.29007 of 2025(2) dt.07-05-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being registered owner of the vehicle in question. It is further submitted that apprehended coaccused disclosed the name of the petitioner. The petitioner is in custody since 27.02.2025 and has got five criminal antecedents. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil PS Case No. 520 of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.29007 of 2025(2) dt.07-05-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T