Patna High CourtCR. MISC./64920/2023bail granted

Pankaj Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64920 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Pankaj Kumar S/O Sri Daroga Paswan R/O Vill/Town- Jhitkahi, Ps. Goraul, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Goraul P.S. Case No. 553 of 2022 dated 08.12.2022 registered for the offences punishable u/s 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act and sections 272 and 273 of the Indian Penal Code.

4. As per the prosecution case, total 1017 litres of Indian Made Foreign liquor was recovered from the pickup van,

Patna High Court CR. MISC. No.64920 of 2023(2) dt.12-10-2023 2/2 Maruti car and two motorcycles.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of the said motorcycle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Goraul P.S. Case No. 553 of 2022.

8. The application stands allowed.

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