Pankaj Kumar Yadav @ Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24356 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- GADHPURA District- Begusarai ====================================================== PANKAJ KUMAR YADAV @ PANKAJ YADAV S/o Narendra Yadav Resident of Village- Kelua Ghat- Bihat (Mangalgarh), P.S.- Sighiya, DistSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Parmanand Kumar, Additional Public Prosecutor for the state through video conferencing. Petitioner seeks regular bail in connection with Gadhpura PS Case No. 18/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

The allegation against the petitioner as per First Information Report is that the police intercepted a pickup van and recovered total quantity of 1189 litres of illicit liquor from the same. Petitioner was found driving the said vehicle. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner being the driver of the vehicle was carrying the consignment at the behest of one Maheshwar Yadav to be delivered in favour of one Rajesh Yadav. Learned counsel

Patna High Court CR. MISC. No.24356 of 2020(2) dt.21-09-2020 2/2 further submits that petitioner was not aware about the consignment of illicit liquor kept inside the pickup van. Learned counsel for the petitioner further submits that petitioner is in custody since 26.02.2020, while Rajesh Yadav has been granted by this court in Cr. Misc. No. 22676/2020. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent and is not the owner of the said vehicle and is in custody since 26.02.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, PANKAJ KUMAR YADAV @ PANKAJ YADAV be released on bail on furnishing bail bond of Rs.

20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Gadhpura PS Case No. 18/2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T