Patna High CourtCR. MISC./42387/2024bail granted

Pankaj Singh v. The State Of Bihar

2024-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42387 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- AMNAUR District- Saran ====================================================== Pankaj Singh, aged about 48 years, Male, S/O Late Krishna Singh R/O Village- Parshurampur, P.S.- Amnaur, Dist- Saran At Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amnaur P.S Case No. 91 of 2024 dated 08.04.2024 registered for the offences punishable u/ss 413 and 414 of the IPC, Section 25(1-b)(a), 26 and 35 of the Arms Act and Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 70 litres of illicit spirit was recovered from the motorcycle. Additionally, a loaded country made Katta and a live cartridge were recovered from the possession of the petitioner. It is also alleged that 50 litres of illicit spirit was recovered from the orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.42387 of 2024(3) dt.20-07-2024 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has 14 criminal antecedents in which he was acquitted in one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Amnaur P.S Case No. 91 of 2024, with the condition:-

1. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T