Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53837 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- TARAIYA District- Saran ====================================================== Pankaj Singh @ Pankaj Kumar Singh son of Late Krishna SIngh Resident of Village- Parshurampur (Nishak Bishunpur), P S- Amnaur District -Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Taraiya P.S. Case No. 390 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 211.14 liters liquor was recovered from Bolero vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.53837 of 2025(2) dt.04-08-2025 2/3 for the petitioner also submits that the petitioner is neither owner nor driver of the Bolero vehicle in question. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused persons and the same has got no evidentiary value. The petitioner is in custody since 23.05.2025 and has got eighteen criminal antecedents in which he has been acquitted in two cases and he is on bail in fourteen cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 13.02.2025 passed in Cr. Misc. No. 4071 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. Case No. 390 of 2024, subject
Patna High Court CR. MISC. No.53837 of 2025(2) dt.04-08-2025 3/3 to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T