Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41747 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- DORIGANJ District- Saran ====================================================== PANKAJ SINGH Son of Ram Naresh Singh R/o Village - Darihara, P.S.- Dariyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 41(1) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 862.56 liters illegal liquor from two vehicles but the petitioner was not apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner was apprehended on the spot nor vehicles in question belong to him. It is further submitted that nothing has been recovered from his conscious possession

Patna High Court CR. MISC. No.41747 of 2023(2) dt.14-07-2023 2/2 and the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. Similarly situated co-accused has already been granted bail by a coordinate Bench of this court vide order dated 10.05.2023 passed in Cr. Misc. No. 22791 of 2023. The petitioner is languishing in judicial custody since 03.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Doriganj P.S. Case No. 50 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Ist Exclusive Special Excise Saran at Chapra.

(Sunil Kumar Panwar, J) lata/- U T