Pankaj Kumar Tanti @ Pankaj Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40392 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== PANKAJ KUMAR TANTI @ PANKAJ TANTI S/O RAMFAL TANTI R/O Village- Olpura, PS. Sanhaula, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandrasekhar Sharma, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(App), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Sanhaula P.S. Case No. 33 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 20.02.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 40 litres of IMFL/country made liquor from the alleged vehicle.

6. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner. It is

Patna High Court CR. MISC. No.40392 of 2023(2) dt.18-07-2023 2/3 further submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it has been submitted that petitioner found involved in three more criminal cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as seizure list appears doubtful being not supported by independent witnesses coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.02.2023, accordingly, above named petitioner is directed to be released on bail in connection with Sanhaula P.S. Case No. 33 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge Exclusive Excise court, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. with further conditons:

"(i) That the petitioner shall not involve in similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the learned

Patna High Court CR. MISC. No.40392 of 2023(2) dt.18-07-2023 3/3 Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till the conclusion of trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) pooja/- U T