Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17006 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== PANKAJ KUMAR @ PANKAJ RAI Son of Dilip Rai Resident of Village - Motahan Fakirana, P.S.- Minapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Gupta For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Hathauri PS Case No. 13 of 2019 for the alleged offence punishable under Sections 272/273/120(B) of the Indian Penal Code and Section 30(A)/38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

In the instant case, total 1306.800 liters of foreign liquor was seized. Learned counsel representing the petitioner submits that police arrested Ajay Kumar at the spot. The said Ajay Kumar has disclosed the name of the petitioner and six others that on their demand the liquor was allegedly loaded on the truck. Learned counsel further submits that petitioner has no

Patna High Court CR. MISC. No.17006 of 2019(2) dt.25-03-2019 2/2 concern with the seized liquor and nothing was recovered from the conscious possession of the petitioner. He also submits that petitioner is in custody since 21.01.2019 and other co-accused in the instant case have been granted bail by this Court. Considering the totality of the fact situation, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of I/c Special Judge, Excise, Muzaffarpur in connection with Hathauri PS Case No. 13 of 2019.

(Anil Kumar Upadhyay, J) mrl./- U T