Patna High CourtCR. MISC./84345/2023allowed

Pankaj Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84345 of 2023 Arising Out of PS. Case No.-470 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Pankaj Kumar SON OF RAMASEESH YADAV R/O VILLAGE- KIRPA BIGHA, P.S.- FASER, DIST.- AURANGABAD 2.

BABAN KUMAR SINGH SON OF RAJ YADAV R/O VILLAGE- KIRPA BIGHA, P.S.- FASER, DIST.- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 540 liters of illegal country-made liquor and 230.5 liters of foreign liquor from a Truck.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern either with the seized vehicle or with the wine

Patna High Court CR. MISC. No.84345 of 2023(2) dt.05-01-2024 2/2 in question. No incriminating article has been recovered from the conscious possession of the petitioners. On the basis of suspicion, petitioners have been implicated in the present case. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 13.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Rohtas at Sasaram in connection with Shivsasgar P.S. Case No. 470 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T