Patna High CourtCR. MISC./65213/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65213 of 2023 Arising Out of PS. Case No.-465 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== PANKAJ KUMAR son of Brijendra Chaudhary @ Brijnandan Chaudhary Village- Dumari Ps- Hisua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 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 sections 414 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 100 liters from the possession of the petitioner. 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 due to highhandedness of the police. Nothing has been recovered from the conscious possession of the petitioner and he has no concern either with the seized liquor or with the vehicle in question. A statement has

Patna High Court CR. MISC. No.65213 of 2023(2) dt.12-10-2023 2/2 been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.07.2023.

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 Wazirganj P.S. Case No. 465 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 Judge Court No-V, Gaya. (Sunil Kumar Panwar, J) shubham/- U T