Patna High CourtCR. MISC./57381/2024bail granted

Pankaj Kumar v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57381 of 2024 Arising Out of PS. Case No.-1324 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Pankaj Kumar son of Baleshawar Ray Resident of village -Mansurpur Halaiya @ Mansurpur Khaleya, Ps- Katahara op, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58020 of 2024 Arising Out of PS. Case No.-1324 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Rajeev Kumar @ Om S/o Vijay Kumar Yadav @ Hansh Lal Rai Resident of Village Jagarnathpur, Padmaul, P.S.- Kudhani, District-Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 57381 of 2024) For the Petitioner/s :

Mr.Anish Kumar, Adv For the Opposite Party/s :

Mr.Nityanand, APP (In CRIMINAL MISCELLANEOUS No. 58020 of 2024) For the Petitioner/s :

Mr.Anish Kumar, Adv For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1324 of 2024 dated 25.07.2024 registered for the offences punishable u/s 30(a), 32(3) of Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 62.28 litres of illicit foreign liquor was recovered from the Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner Pankaj Kumar is the owner of the said vehicle and the same was being driven by him at the time of the alleged recovery. The petitioner Rajeev Kumar has taken lift to the Pankaj Kumar and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Excise P.S. Case No. 1324 of 2024.

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7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T