Pankaj Kumar Rai @ Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38032 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- AMNAUR District- Saran ====================================================== Pankaj Kumar Rai @ Pankaj Kumar @ Pankaj Rai S/o Rajeshwar Rai R/o Village- Shekhpura, P.S.- Amnour, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amnour P.S. Case No. 04 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 80 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not present

Patna High Court CR. MISC. No.38032 of 2025(2) dt.18-06-2025 2/2 at the place of occurrence and the co-accused, namely, Nidu Kumar has taken the motorcycle from the petitioner. It is further submitted that name of the petitioner has transpired in this case as being owner of the motorcycle in question and he has got no knowledge regarding the nature of goods carried in his vehicle. The petitioner is in custody since 17.05.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnour P.S. Case No. 04 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T