Pankaj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47769 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Pankaj Mishra Son of Prahalad Mishra, Resident of Village- Karnamepur, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 260 of 2021, lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, the total recovery of 550 liters of country made is the subject matter relating to the present case.

Learned counsel for the petitioner submits that the said recovery has been made from a Bolero vehicle and petitioner is alleged to be the owner of vehicle. He further submits that in this regard, he has annexed Annexure-2, by

Patna High Court CR. MISC. No.47769 of 2022(2) dt.11-11-2022 2/3 which it shall be clear that the said vehicle has already been sold to one Mukesh Kumar in Rs.2,35,000/-, in which it has also been written that, if any crime has been committed from the said vehicle then Mukesh Kumar shall be responsible for that. He further submits that petitioner is in custody since 19.07.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IXth-cumSpecial Judge (Excise), Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 260 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.47769 of 2022(2) dt.11-11-2022 3/3 file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T