Pankaj Kumar Gupta @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74944 of 2019 Arising Out of PS. Case No.-675 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== 1.

Pankaj Kumar Gupta @ Pankaj Kumar, Son of Dinesh Prasad Gupta, Resident of Baiman Tola, P.S.- Ramkrishna Nagar, District- Patna. 2.

Rajnish Kumar, Son of Ram Ratan Rai, Resident of Road No.3, Nayachak, P.S.-Ramkrishna Nagar, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners in the present case are seeking regular bail in connection with Special Case No.8257 of 2019 arising out of Alamganj P.S. Case No.675 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that no illicit liquor has been recovered from the conscious possession of the petitioners. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners

Patna High Court CR. MISC. No.74944 of 2019(2) dt.11-12-2019 2/2 that the alleged illicit liquor has been recovered from a vehicle on which the petitioners were allegedly riding and that after their custody since 14.09.2019, the investigation is already complete as also that the petitioners have no criminal antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Spl. Case No.8257 of 2019 arising out of Alamganj P.S. Case No.675 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T