Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59584 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -SIMRA District- AURANGABAD ====================================================== Pankaj Kumar Singh S/o Nawal Kishor Singh, R/o Village- Chilho, P.O.- Kaji Pakari, P.S.- Tarhasi, District- Palamu (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Simra P.S. Case No.18of 2016 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 261 litres of illicit country made liquor from the Pick Up Van of the petitioner. The learned counsel for the petitioner submits that though the petitioner is the owner of the vehicle, the vehicle was not being driven by him and he was not present at the place of occurrence at the time of alleged recovery, hence, he is not liable for the deeds of the driver. The learned counsel further submits

Patna High Court Cr.Misc. No.59584 of 2017 (2) dt.22-12-2017 2/2 that the other co-accused persons have already been granted bail by this Court. It is submitted that the petitioner has got a clean antecedent and is languishing in custody since 31.10.2017. Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII Cum Special Judge, Excise, Aurangabad in connection with Simra P.S. Case No.18 of 2016. (Mohit Kumar Shah, J) N.H./- U T