Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51125 of 2018 Arising Out of PS.Case No. -166 Year- 2018 Thana -SAHAR District- BHOJPUR ====================================================== Pankaj Kumar S/o Madan Singh, R/o Vill.- Ekawari, P.S.- Sahar, DistrictBhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.
206 litres of foreign liquor is said to have been recovered from the house of Guddu Singh on the basis of the disclosure made by the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery. He has not made any disclosure. No liquor has been recovered on the basis of his
Patna High Court Cr.Misc. No.51125 of 2018 (2) dt.20-08-2018 2/2 disclosure. He has been falsely implicated in the case at the instance of his enemies. There is violation of Section 100 Cr.P.C. Though two more criminal cases have been lodged against the petitioner, but he has been acquitted in one of the said cases while final form has been submitted in another case. He has been languishing in custody since 11.07.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1105 of 2018 arising out of Sahar P.S. Case No. 166 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T