Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48574 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== 1.

Pankaj Kumar S/o Jagdish Yadav R/o Village- Koria (Koria), Haibatpur, Ward No 03, PS- Muffasil, District- Begusarai 2.

Ram Kumar S/o Hareram Yadav R/o vill - Koria (Koriya), Koria Haibatpur, ward no. 5, P.S.- Muffasil, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Bakhri (Bakhar) PS Case No. 230 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 250.560 litres of foreign liquor was recovered from Bolero vehicle bearing Regd No. BR09H-9911.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.48574 of 2025(2) dt.29-07-2025 2/2 submitted that petitioner no. 2 is the registered owner of the vehicle and petitioner no. 1 is sitting as a passenger in the seized vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 22.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhri (Bakhar) PS Case No. 230 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T