Patna High CourtCR. MISC./67552/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67552 of 2023 Arising Out of PS. Case No.-646 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== PANKAJ KUMAR S/O AJAY YADAV VILLAGE DIRAWA TOLA, CHAMAR BIGHA, PS- CHERKI, DIST- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR \ ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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.

3. As per FIR, prosecution case relates to recovery of total 30 liters of illicit liquor from a motorcycle from where on co-accused Santu Kumar was apprehended who disclosed the name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the disclosure of the co-accused Santu Kumar. He has got no criminal antecedent. Petitioner has no concern

Patna High Court CR. MISC. No.67552 of 2023(2) dt.31-10-2023 2/2 with the alleged recovery of illicit liquor or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bodh Gaya (Cherki) P.S. Case No. 646 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.1, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T