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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50870 of 2025 Arising Out of PS. Case No.-248 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== Pankaj Singh @ Pankaj Kumar Singh Satyendra Singh Resident of village - Saidpur, P.S. - Ara Muffasil - District - Bhojpur, State - Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Bihiya P.S. Case No.248 of 2019, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 234 litres of liquor has been made from a scorpio vehicle, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.50870 of 2025(2) dt.11-08-2025 2/2 also submits that the said recovery has not been made from conscious possession of the petitioner and his name has been transpired on confessional statement of co-accused. Counsel further submits that criminal antecedent of the petitioner is not clean as there is one case relating to Excise Act, pending against him in which he is on bail. He further submits that the said vehicle does not belong to petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case relating to Excise Act, pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T