Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7853 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- KORMA District- Sheikhpura ====================================================== 1.

Pankaj Kumar S/O Suraji Ram Resident of Village- Murarpur. Police Station- Korma. District- Sheikhpura 2.

Uttam Kumar S/O Ramashish Dhadhi Resident of Village- Chhoti, Police Station- Sarmera. District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Korma PS Case No. 144 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 9 litres of country made liquor was recovered from motorcycle.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.7853 of 2025(2) dt.07-03-2025 2/3 petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that the name of the the name of the petitioner no. 1 has transpired as being owner of the motorcycle bearing Registration No. BR52D7444 and petitioner no. 2 was a pillion rider in the vehicle. The petitioners are in custody since 01.01.2025. The petitioner no. 1 has one criminal antecedent and petitioner no. 2 has two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Korma PS Case No. 144 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.7853 of 2025(2) dt.07-03-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T