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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68752 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Pankaj Kumar Yadav @ Pankaj Kumar, Son of Suresh Prasad @ Suresh Yadav, Resident of Village- Hathmarwa, P.S.- Sirdalla, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Parnadabar P.S. Case No. 156/2024 dated 07.07.2024 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 95 litres of illicit country made liquor was recovered from the Motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that nothing incriminating article has been recovered from his possession. He has no concern with the alleged offence. He was not arrested on the spot and his

Patna High Court CR. MISC. No.68752 of 2024(2) dt.04-10-2024 2/2 name has come in the present case on the basis of the confessional statement of the co-accused which has got no evidentiary value in the eye of law. The said motorcycle does not belong to the petitioner. The other co-accused Lokesh Kumar @ Loukesh Kumar has already been granted regular bail by a Bench of this Court vide Cr. Misc. No. 59467 of 2024 under order dated 19.08.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. 5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Nawada, in connection with Parnadabar P.S. Case No. 156 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T