Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7042 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- GARAUL District- Vaishali ====================================================== Pankaj Kumar Son of Brajesh Rai Resident of Village-Mansurpur Halaiya, P.S. Goraul (Kathara O.P.), District Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Goraul (Kathara O.P.) P.S. Case no. 269 of 2017 registered under Section 30(a), 32(II), 38(II), 41(I) of Bihar Prohibition & Excise Act-2016.

1231.92 lts. of foreign liquor was seized from a truck and Tata Magic in the course of unloading the same allegedly by petitioner and others. Petitioner and two others managed to escape while four accused persons were apprehended. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the aforesaid vehicle or with the sezied liquor. The aforesaid liquor

Patna High Court Cr.Misc. No.7042 of 2018(2) dt.12-02-2018 2/2 was allegedly being unloaded in front of door of the petitioner without his knowledge. Though, informant is said to have got the information regarding loading of the said liquor by the petitioner and two others but he has not given any identity and genuineness of the source of information. The petitioner has been languishing in custody since 30.12.2017. Similarly situated co-accused persons namely, Md. Rashid, Md. Nazim and Md. Khalid, who were apprehended on the spot have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.01.2018 passed in Cr. Misc. no. 62754 of 2017. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case no. 269 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T