Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23657 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== Pankaj Kumar Singh S/O Raghuvansh Singh Resident of Village- Nagwan, P.S- Imamganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Parihar P.S. Case No. 30 of 2024 lodged on 29.01.2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 92.100 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the alleged recovery has been made from two

Patna High Court CR. MISC. No.23657 of 2025(2) dt.05-05-2025 2/3 motorcycles. From first motorcycle, 28.800 litres liquor has been recovered and from the second motorcycle, 63.300 litres liquor has been recovered which belongs to the petitioner. Counsel submits that the petitioner has already sold his motorcycle to one Vinod Sah in the month of February 2023, therefore, petitioner is not responsible for the work done by the person to whom he has sold his motorcycle. Counsel submits that unfortunately, he could not attach the sale paper of his motorcycle which he has sold to one Vinod Sah. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. Trial Court is hereby directed that in case, petitioner surrenders before the Trial Court within a period of six weeks from today with the proof that he has sold his motorcycle to one Vinod Sah, then in that case, the Trial Court is directed to consider his bail application after perusal of said documents without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and grant him bail

Patna High Court CR. MISC. No.23657 of 2025(2) dt.05-05-2025 3/3 imposing its own conditions so that he may not evade his appearance during trial.

8. Accordingly, this bail application stands disposed off.

(Dr. Anshuman, J) Divyansh/- U T