Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33543 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Pankaj Kumar S/o Nanhak Yadav @ Nanhka Yadav R/o Village- Kosmahi, P.S.- Hunterganj, Distt.- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Sherghati P.S. Case No. 100 of 2025 registered for the offences punishable under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Amendment Act 2022.

3. Recovery of 135 litre country made liquor has been made from the motorcycle of the petitioner which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged, has been taken place and the entire prosecution case is false and concocted one. The petitioner was arrested merely on suspicion only on the ground

Patna High Court CR. MISC. No.33543 of 2025(2) dt.27-05-2025 2/2 of his previous antecedent. Petitioner is in custody since 22.03.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Gaya in connection with Excise Sherghati P.S. Case No. 100 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) prabhakar/- U T