Pankaj Pandit @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62832 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== PANKAJ PANDIT @ PANKAJ KUMAR Son of Rohit Pandit R/o Village - Navtoliya Banni (Near Ram Janki Mandir), P.S. - Maheshkhut, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2022 Heard.
The petitioner seeks regular bail in connection with Maheshkhut P.S. Case No. 99 of 2021, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 52.20 liters of illicit liquor from the Aagan situated in the premises of the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody
Patna High Court CR. MISC. No.62832 of 2021(2) dt.01-04-2022 2/3 since 7.8.20221. The learned counsel for the petitioner has further submitted that neither the petitioner was arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioner.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, the petitioner is having a clean antecedent and is languishing in custody since about eight months, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Excise, Khagaria in
Patna High Court CR. MISC. No.62832 of 2021(2) dt.01-04-2022 3/3 connection with Maheshkhut P.S. Case No. 99 of 2021.
(Mohit Kumar Shah, J) Tiwary/- U T