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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35552 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Pankaj Kumar Yadaw @ Pankaj Yadav S/O Jitendra Yadav @ Jitu Yadav R/o Village- Bhagwanpur, P.S.- Kateya District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kateya P.S. Case No. 111 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 and Sections 317(5) and 111 of BNS.

3. As per prosecution case, 756 litre country made illicit liquor was recovered from Bolero SLX vehicle in question. Local people and local chaukidar disclosed the name of petitioner and other who succeeded in fleeing away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is not the owner of the said Bolero SLX vehicle in

Patna High Court CR. MISC. No.35552 of 2025(2) dt.29-05-2025 2/3 question. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. He further submits that on similar and identical allegation, co-accused Nitish Kumar Singh @ Nitesh Kumar Singh has already been granted anticipatory bail by this Court vide Cr. Misc. No. 35150 of 2025 and the case of present petitioner stands on better footing as the present petitioner bears no criminal antecedent and on the principal of parity, petitioner also deserves anticipatory bail.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the

Patna High Court CR. MISC. No.35552 of 2025(2) dt.29-05-2025 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - XIII cum Special Excise Court No. I, Gopalganj in connection with Kateya P.S. Case No. 111 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T