Pankaj Rai @ Pankaj Kumar Rai @ Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37833 of 2023 Arising Out of PS. Case No.-417 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Pankaj Rai @ Pankaj Kumar Rai @ Pankaj Yadav @ Pankaj Kumar, S/O Kailash Rai, R/O Village- Litiyahi, PS. Raghopur (Rustampur O.P.), in the Dist. of Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S. Case No. 417 of 2020 dated 05.10.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 4986 litres of India made foreign liquor was recovered from a truck. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37833 of 2023(2) dt.28-06-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Anish Kumar. Nothing has been recovered from the possession of the petitioner. The petitioner is accused in 11 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. 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, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 417 of 2020 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

Patna High Court CR. MISC. No.37833 of 2023(2) dt.28-06-2023 3/3 reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T