Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63567 of 2023 Arising Out of PS. Case No.-290 Year-2018 Thana- MANJHI District- Saran ====================================================== PANKAJ SINGH son of Naresh Singh Village- Darihara Ps- Dariyapur DistSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 188, 420, 272, 273 of the I.P.C. and Section 30, 30(a) and 38 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of huge quantity of illicit liquor from a Truck and drivers of the said Truck were apprehended on the spot who disclosed the name of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the police due to his previous criminal antecedents. He has no concern with the alleged recovery of liquor or with the truck in question. The

Patna High Court CR. MISC. No.63567 of 2023(2) dt.09-10-2023 2/2 name of the petitioner has been disclosed in this case by the apprehended truck drivers, before the police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The other co-accused person persons namely Sher Khan and Asar Mohamadd have already been enlarged on bail by another coordinate Bench of this Court vide order dated 17.01.2019 passed in Cr. Misc. No. 2347 of 2019 which is annexed as Annexure-P2 of this petition. Petitioner is languishing in judicial custody since 20.07.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 290 of 2018.

(Sunil Kumar Panwar, J) lata/- U T