Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22532 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Pankaj Kumar Son of Brij Kishore Singh, Resident of MohallaMahadiganj, P.S.- Sasaram, ( Mufassil), District-Rohtas. at Present C/o Vinay Kumar Singh , resident of Mohalla- Lodipur, P.S. Pirbahor, DistrictPatna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-08-2017 Heard Sri Rajni Kant Singh, learned counsel for the petitioner and Sri Braj Kishore Prasad, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Excise Case no.43 of 2016 registered for the offence under Sections 47(a) of the Bihar Excise (Amendment) Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the petitioner was not named as accused in the F.I.R.. In the case, about 90 liters of India Make Foreign liquor from a vehicle i.e. Indica Car was shown to be recovered. He submits that registration number of the said vehicle was in the

Patna High Court Cr.Misc. No.22532 of 2017 (3) dt.10-08-2017 2/2 name of the petitioner; whereas fact remains that the petitioner had already sold the said vehicle to another person. He submits that even for the time being, it is assumed that the petitioner was owner of the vehicle, he was not aware regarding recovery of liquor carrying in the said vehicle.

Keeping in view the nature of accusation, let the petitioner, namely, Pankaj Kumar, in the event of his arrest or surrender within six weeks from today, 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 Sub Divisional Judicial Magistrate, Dehri , District-Rohtas in connection with Excise Case no.43/2016. , subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T