Pankaj Rai @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19661 of 2023 Arising Out of PS. Case No.-790 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Pankaj Rai @ Pankaj Kumar Son Of Rajeshwar Ray R/O Village- Bajitpur Kodariya, Kharauna Dih, P.S.- Kudhani, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 467, 468, 471/34 of the Indian Penal Code and Sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 2890 liters of illicit foreign liquor from a truck and the apprehended co-accused persons disclosed the name of the petitioner as their associates.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.19661 of 2023(2) dt.19-05-2023 2/2 liquor or with the vehicles in questions. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by co-accused namely, Ranjit Kumar Pathak who was apprehended on spot. Moreover, the petitioner is languishing in judicial custody since 25.2.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kudhani (Turki O.P) P.S. Case No. 790 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-II, Muzaffarpur.

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