Pankaj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67904 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== PANKAJ SAH, male, aged about 20 years, Son of Dina Sah @ Dinanath Sah, Resident of Village - Harpur Naya Tola, P.S.- Town, District- Gopalganj ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is a police officer has alleged in his written complaint that during vehicle checking two miscreants on one motorcycle containing one bag fled away after leaving motorcycle with the bag and villager and local chaukidar disclosed their name as Pankaj Sah (petitioner) and Munna Patel and from bag 46.800 liters of illicit liquor was recovered.

Patna High Court CR. MISC. No.67904 of 2019(4) dt.29-11-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to animosity. He was neither arrested on the spot nor any illicit liquor was recovered from his possession. He has no criminal antecedent. Petitioner is in custody since 01.07.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-special Judge Gopalganj, in connection with Yadopur Case No. 33 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.67904 of 2019(4) dt.29-11-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T