Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44792 of 2021 Arising Out of PS. Case No.-177 Year-2020 Thana- AMNAUR District- Saran ====================================================== PANKAJ SINGH @ PANKAJ KUMAR SINGH SON OF LATE KRISHNA SINGH R/O VILLAGE- PARSHURAMPUR, P.S- AMNOUR, DISTSARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Amnour P.S. Case no. 177 of 2020 registered for the offence punishable under sections 25(1-AA), 25(1-B)(4)(c ), 26 and 35 of the Arms Act read with section 30(a) of Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is in custody since 10.1.2021 and charge sheet has been submitted against this petitioner. Learned counsel further
Patna High Court CR. MISC. No.44792 of 2021(2) dt.17-12-2021 2/3 submits that from perusal of the allegation as alleged in the FIR, it would manifest that 2.250 liter of liquor along with certain articles were recovered as detailed in the FIR for manufacturing of illegal weapons from the Bathan (open space of the petitioner) as such petitioner was not aware who had kept the liquor and articles meant for manufacturing illegal weapons. It is submitted that merely because open space belongs to the petitioner as such he has been falsely implicated in the present case.
Learned APP opposes the prayer for bail also. Considering the facts that petitioner is in jail custody since 10.1.2021 and charge sheet has been submitted against the petitioner, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum- Special Judge, Excise, Saran at Chapra in Amnour P.S. Case no. 177 of 2020 with condition that petitioner will have to mark his attendance before the concerned police station in between 20th to 25th of every month commencing after petitioner is released in Cr. Misc. no. 44364/2021 till the charges are not framed, in the event concerned police station reports to the learned court below that
Patna High Court CR. MISC. No.44792 of 2021(2) dt.17-12-2021 3/3 petitioner has violated the condition imposed as aforesaid in any of the month before framing of the charge, the learned court below will be at liberty to cancel his bail bond. Further the petitioner will have to produce copy of the order passed in Cr. Misc. no. 44364/2021 before the learned court below and the concerned police station in which he will be marking his attendance in the present case.
(Satyavrat Verma, J) s.hassan/- U T