Patna High CourtCR. MISC./37599/2024bail granted

Pankaj Kumar @ Pankaj Sahni v. The State Of Bihar

2024-05-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37599 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Pankaj Kumar @ Pankaj Sahni Son of Avdhesh Sahni Resident of VillageChakari Dih, P.O- Barheta, P.S- Kalyanpur, Dist- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhigyan Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 14 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 440.640 liters of illegal liquor from mango grove.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of secret information. Petitioner has no concern with the alleged recovery of liquor as well as also the place of occurrence does not belong

Patna High Court CR. MISC. No.37599 of 2024(2) dt.15-05-2024 2/2 to him. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Court vide order dated 07.05.2024 passed in Cr. Misc. No. 34505 of 2024. The petitioner is in custody since 19.03.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, petitioner having no criminal antecedent as well as the period of custody undergone by him, 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 Kalyanpur P.S. Case No. 14 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T