Pankaj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70922 of 2021 Arising Out of PS. Case No.-255 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.

PANKAJ KUMAR BHAGAT S/o Chandeshwar Bhagat Resident of Village - Veerpur, P.S. - Saraiya, Distt. - Muzaffarpur. 2.

Amit Kumar S/o Umesh Singh Resident of Village - Veerpur, P.S. - Saraiya, Distt. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Manjhi P.S. Case No. 255 of 2021 instituted for the offences under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 02.08.2021, are persons with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 216 litre of liquor from a

Patna High Court CR. MISC. No.70922 of 2021(2) dt.25-02-2022 2/2 tempo and the petitioners were arrested.

Learned counsel for the petitioners submits that petitioner no. 1 is the driver and petitioner no. 2 is the passenger of the tempo and they were not knowing which passenger had left the bag containing the aforesaid liquor. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted in this case let the petitioners above named be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Saran at Chapra in connection with Manjhi P.S. Case No. 255 of 2021.

(Satyavrat Verma, J) Kundan/- U T