Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49100 of 2022 Arising Out of PS. Case No.-221 Year-2022 Thana- GARKHA District- Saran ====================================================== Pankaj Rai Son of Sitablal Ray, Resident of village - Bagahi, P.S.- Garkha, District - Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, 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 Garkha P.S. Case No. 221 of 2022, lodged under Sections 30(a) & 37(C) of the Bihar Prohibition and Excise Act. As per prosecution case, the total recovery of 110 liters of country made wine is the subject matter relating to the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of petitioner, rather the said recovery has been made from the

Patna High Court CR. MISC. No.49100 of 2022(2) dt.11-11-2022 2/2 possession of co-accused namely Vijendra Chaubey and on his confessional statement, name of 6 persons including the present petitioner has been figured in this case. He also submits that petitioner is in custody since 22.04.2022 having clean antecedent.

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 District & Sessions JudgeII-cum-1st Exclusive Special Judge, Excuse, Saran at Chapra in connection with Garkha P.S. Case No. 221 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

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