Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36766 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Pankaj Kumar S/O- Sudhir Prasad R/O- Kosnara Eksara Ps- Ben DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Keshav Bhardwaj, Adv.

Mr. Yash Sahay, Adv.

Mr. Nikhil Kr. Agrawal, Adv.

For the State :

Mr. Uday Chand Prasad, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32(1)(3) and 41(1)

(2) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Perusal of the first information report and the seizure list, would go to show that 122.580 liters of foreign liquor is said to have been recovered from a Maruti Suzuki car and the petitioner is the owner of the vehicle who was arrested on chase.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. It has been stated in paragraphs 10 and 11 that the driver of the petitioner, namely, Guddu Kumar had been taking the car to Varanasi while the

Patna High Court CR. MISC. No.36766 of 2025(2) dt.29-05-2025 2/2 petitioner stays at Patna and the petitioner had no knowledge that the driver had made some secret storage compartment in the car and he was utilizing the said car for the illegal purpose. There is no independent witness to the seizure list and the petitioner is in custody since 20.04.2025 with no criminal antecedent.

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

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhabhua Excise P.S. Case 277 of 2025, subject to the further condition that the petitioner would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till the charge-sheet in this case is submitted.

(Soni Shrivastava, J) devendra/- U T