Allowed

Pankaj Kumar v. The State of Bihar

Patna HC14 Oct 2022CR. MISC./51940/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner charged with offences under the Bihar Prohibition and Excise Act and IPC Section 414. The petitioner had been in custody for over a month with clean antecedents. The grant was subject to furnishing bonds with sureties and adhering to specific conditions regarding presence at trial and non-tampering with evidenc

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two equals sureties subject to conditions of presence in court and non-interference with evidence.

Pankaj Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51940 of 2022

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Arising Out of PS. Case No.-432 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua)

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======================================================

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PANKAJ KUMAR S/o Suresh Chaudhary R/o village- Kudra, P.S.- Kudra, District- Kaimur at Bhabua

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 14-10-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Mohania P.S. Case No. 432 of 2022 registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a), 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per prosecution case, there is alleged recovery of 155.52 litre English wine from the vehicle in question and petitioner alongwith other was apprehended on the spot.

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Learned counsel for the petitioner submits that petitioner is in custody since 08.08.2022 and bears no criminal

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Patna High Court CR. MISC. No.51940 of 2022(2) dt.14-10-2022 2/3

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antecedent. He further submits that petitioner is neither owner nor driver of the vehicle in question and he has falsely been implicated in this case.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No. 1 cum Additional Sessions Judge IV, Kaimur at Bhabua in connection with Mohania P.S. Case No. 432 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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Patna High Court CR. MISC. No.51940 of 2022(2) dt.14-10-2022 3/3

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(iii) If the petitioner tampers with the evidence or

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the witnesses, in that case, the prosecution will be at liberty to

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move for cancellation of bail.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State of Bihar

Case brief

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What did the court decide?

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