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Patna High CourtCR. MISC./72435/2021bail granted

Pankaj Roy @ Pankaj Kumar Singh v. The State Of Bihar

2022-06-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72435 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== PANKAJ ROY @ PANKAJ KUMAR SINGH SON OF FULANA RAI R/O VILLAGE- MORTAR, P.S.- GARHPURA, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on information having been received of illicit liquor being unloaded from a truck, it is stated that a raid was conducted. Seeing the police personnel the accused persons managed to escape. The petitioner was identified by the choukidar amongst the accused who escaped. A total of 971.52 litres of IMFL was recovered. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.72435 of 2021(2) dt.07-06-2022 2/2 has been falsely implicated in the case because of his antecedents. He is in custody since 1.11.2021 and charge sheet has been submitted in the case. His case stands on a similar footing to that of co-accused Abhishek Kumar who has been enlarged on bail vide order dated 13.5.2022 passed in Cr. Misc. no. 63028 of 2021.

Heard learned APP for the State.

Having heard leaned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, having remained in custody for 7 months, grant of bail to the above named co-accused and charge sheet having submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Garhpura P.S. Case no. 111 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Prakash/- U