Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6970 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Pankaj Kumar Son Of Basudeo Yadav @ Vasudev Yadav Resident Of Village - Jhurang, P.S.- Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv Mr.Vijay Anand For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Wazirganj P.S. Case No. 11 of 2023 registered under sections 413 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Prosecution case relates to recovery of 150 liters illicit country made liquor as alleged from petitioner's motorcycle and also 350 liters liquor were recovered from rest of three motorcycles.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.6970 of 2023(3) dt.27-03-2023 2/3 falsely been implicated in this case. It is further submitted that he has no concern either with the seized illicit liquor or with the alleged offence. Nothing incriminating article has been recovered from conscious or constructive possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 06.01.2023. The application for bail is opposed by learned APP for the State and submitted that one of the alleged seized vehicles was being driven by the petitioner which was without number plate.

The petitioner is directed to deposit a sum of Rs. 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Wazirganj P.S. Case No. 11 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No.1 Gaya.

Patna High Court CR. MISC. No.6970 of 2023(3) dt.27-03-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Ten Thousand) by the petitioner in the account of the concerned DLSA.

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