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Patna High CourtCR. MISC./79802/2024bail granted

Pankaj Kumar Singh v. The State Of Bihar

2024-12-04Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79802 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Pankaj Kumar Singh S/O Ravindra Kumar Singh R/o Naya Gaon, Rajapur Math, Chhitu Paka, Near Shiv Mandir, P.S. - Naya Gaon, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-12-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioners seeks pre-arrest bail in connection with Naya Gaon P.S.Case No.156 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation made in the FIR, 14.940 Ltrs. of foreign liquor was seized from a Tempo bearing Registration No. BR31P 2747 and the driver of the said Tempo managed to flee away from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has clean antecedent and he further submitted that the petitioner is neither the owner nor

Patna High Court CR. MISC. No.79802 of 2024(2) dt.04-12-2024 2/2 driver of the said Tempo and he has falsely been implicated in the present case on false and baseless grounds.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Exclusive Special Excise Judge, Saran at Chapra in connection with Naya Gaon P.S.Case No.156 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U