Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27535 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Pankaj Kumar, Adult Male aged about 25 years old, S/o Rajendra Singh, R/o Village- Khajuri Khas, Police Station- Khajuri, District- East Delhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Baijnath Sah, Advocate For the Opposite Party :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Gopalganj Excise P.S. Case No. 39 of 2025 dated 14.01.2025 registered for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total 109.500 litres of illicit foreign liquor was recovered from the car.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been
Patna High Court CR. MISC. No.27535 of 2025(2) dt.26-06-2025 2/3 recovered from the possession of the petitioner. It is further submitted that the petitioner is a passenger of the said car and he had no knowledge that the illegal liquor was kept in the said car. The petitioner is neither the owner of the said nor he is trader of the illegal wine. There is no statutory compliance of Section 103 of B.N.S.S., 2023. The petitioner has no concern with the alleged offence. It is further submitted that the co-accused person, Randhir Kumar, has already been granted bail by a Bench of this Court in Cr. Misc. No. 17949 of 2025 vide order dated 08.04.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 15.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Gopalganj Excise P.S. Case No. 39 of 2025.
Patna High Court CR. MISC. No.27535 of 2025(2) dt.26-06-2025 3/3
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T