Pankaj Ray @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62815 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Pankaj Ray @ Pankaj Kumar Son Of Brajesh Ray@ Baleshwar Ray Resident Of Village- Mansurpur Halaya, Ps- Goraul (KATHARA Op), Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the IPC.

3. Prosecution case relates to recovery of 662.04 liters of illicit liquor from a vehicle bearing Reg. No. JH05AW1818.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case because the petitioner is the registered owner of the seized vehicle. The petitioner was not apprehended on spot. He has no knowledge about the transportation of illicit liquor which was under the control of the arrested co-accused person, namely, Ayodh Kumar who was the

Patna High Court CR. MISC. No.62815 of 2023(2) dt.22-09-2023 2/2 driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 30.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Goraul (Kathara O.P.) P.S. Case No. 308 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1cum-Additional District and Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T