Pankaj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70750 of 2024 Arising Out of PS. Case No.-630 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Pankaj Sah S/o Moti sah R/o Village- Dahaur, PS- Dehri, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aquaib Khan For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Bhabhua Kaimur) P.S. Case No. 630/2024 dated 08.08.2024 of the offences punishable u/s 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise Act.
3. Earlier the petitioner was granted provisional bail vide order dated 07.10.2024 and learned counsel for the petitioner seeks confirmation of the provisional bail granted to the petitioner.
4. As per the prosecution case, total 207 litres of illicit country-made liquor was recovered from the tempo.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.70750 of 2024(3) dt.24-02-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is driver of the said vehicle. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.08.2024.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts, the provisional bail granted to the petitioner vide order dated 07.10.2024 is hereby confirmed with given conditions in connection with Excise (Bhabhua Kaimur) P.S. Case No. 630/2024 to the satisfaction of learned Court concerned, Kaimur, Bhabhua.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T