Pankaj Singh @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58813 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Pankaj Singh @ Pankaj Kumar Son of Suresh Singh Resident of Village - Barun, P.S. - Beldaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Beldaur Police Station Case No. 69 of 2024, dated 15.03.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on seeing an e-rickshaw having no registration number, stopped the said e-rickshaw, apprehended its driver and on search, recovered 20 litres of illicit country-made liquor kept in a yellow-coloured sack under the seat of the e-rickshaw. It has further been alleged that on enquiry, the arrested driver of the erickshaw disclosed that the illicit liquor belongs to the

Patna High Court CR. MISC. No.58813 of 2024(2) dt.11-09-2024 2/3 petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the arrested driver of the e-rickshaw. He further submits that the petitioner was not present in the e-rickshaw and referring to paragraph 7 of this application, he submits that the petitioner has got no connection with the seized liquor and/or e-rickshaw.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that name of the petitioner has been disclosed by the driver of the e-rickshaw and the e-rickshaw does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge II, Khagaria, in connection with Beldaur Police Station Case

Patna High Court CR. MISC. No.58813 of 2024(2) dt.11-09-2024 3/3 No. 69 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √