Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20987 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Pankaj Kumar, S/O Late Vindeshwar Prasad Singh Resident Of West Gandhi Maidan, Jehanabad, Ward No.- 30, P.S.- Town Jehanabad, District- Jehanabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanchay Srivastava- Advocate For the State :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 37 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 750 ml of liquor from a Bolero car of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is not named in the F.I.R. and he came to be implicated based on disclosure made by the apprehended

Patna High Court CR. MISC. No.20987 of 2023(2) dt.15-05-2023 2/2 accused in police custody which does not have any evidentiary value. The learned counsel clarifies that though petitioner is not named in the F.I.R. by name, but has been implicated by recording owner of the vehicle in the accused column. It is next submitted that petitioner had given his car to the apprehended accused and as such, was not aware that the same would be misused for such illegal purpose.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge-1st, Excise, Aurangabad in connection with Amba P. S. Case No.46 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T