Patna High Court - Orders
Pankaj Kumar @ Nikhil & Ors vs The State Of Bihar on 28 June, 2018
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35156 of 2018
Arising Out of PS. Case No.-148 Year-2018 Thana- AURANGABAD TOWN District-
Aurangabad
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1. Pankaj Kumar @ Nikhil, S/o Subhash Singh @ Subas Singh,
resident of Village- Karhara, P.S.- Jamhore, District-
Aurangabad at present Resident of Village- Katharua, P.S.-
Aurangabad (Town), District- Aurangabad.
2. Dheeraj Kumar, S/o Upendra Sharma, resident of Village-
Sahaar, P.S.- Madanpur, District- Aurangabad.
3. Ritesh Kumar Yadav, S/o Late Shiv Kumar Yadav, Resident of
Village- Ara Bhusahi, P.S.- Katkam Shandi, District- Hazaribagh
(Jharkhand).
4. Santosh Singh, S/o Dadan Singh, resident of Village- Katharua,
P.S.- Town, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar
For the Opposite Party/s : Mr. Ram Bachan Singh
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 28-06-2018Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Aurangabad (Town) P.S. Case No. 148 of 2018 registered Sections 30(a), 37(b) (c), 38(1) of Bihar Prohibition and Excise Act-2016.
840 lts. of country made liquor is said to have been recovered from a pick-up van parked in front of the house of the petitioner Santosh Singh and petitioner Pankaj Kumar @ Patna High Court Cr.Misc. No.35156 of 2018(2) dt.28-06-2018 2/3 Nikhil was found in inebriated condition. Co-accused Upendra Kumar Singh and petitioner Santosh Singh in their respective confessional statement, had divulged the complicity of the petitioners in the occurrence.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized liquor or with the vehicle in question. They have been falsely implicated in this case at the instance of their enemy. Petitioner no. 1 Pankaj Kumar @ Nikhil had not consumed any liquor. He happens to be tee- totaller. Petitioner no. 4 Santosh Singh has not given any confessional statement and moreover, the confessional statement of the said petitioner and co-accused Upendra Kumar Singh recorded by the police, has no evidentiary value in the eye of law. There is nothing cogent material on record indicating complicity of the petitioners in the occurrence. They have no criminal antecedent. Petitioner nos. 1 to 3 have been languishing in custody since 10.05.2018 while petitioner no. 4 has been languishing in custody since 13.05.2018.
In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on Patna High Court Cr.Misc. No.35156 of 2018(2) dt.28-06-2018 3/3 furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, (Excise), Aurangabad in connection with Aurangabad (Town) P.S. Case No. 148 of 2018.
(Prakash Chandra Jaiswal, J) rohit/-
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