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Patna High CourtCR. MISC./45851/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45851 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Pankaj Kumar S/O Rajeshwar Sah R/O Village- Rasulpur Fatah Jirwara, Ps. Mahua, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code and Section 30(a), 36, 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 1912.250 litres of illicit Indian made foreign liquor from a truck and three persons were apprehended.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.45851 of 2023(2) dt.04-08-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused, or the seized illicit liquor or the truck in question. The petitioner is languishing in custody since 29.04.2023.

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

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No-II, Muzaffarpur in connection with Maniyari P.S. Case No. 52 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T