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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71953 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== PANKAJ KUMAR SINGH @ PANKAJ SINGH Son of Shatrughan Singh Resident of the village - Chamtha Chhot Khut, P.S.- Bachhwara in the District of Begusarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 1784.85 liters foreign liquor from a truck bearing Registration No. UP14ET-8656.

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. It is further submitted that the driver of vehicle in question was arrest on spot who disclosed that the liquor belongs to this

Patna High Court CR. MISC. No.71953 of 2022(2) dt.20-01-2023 2/2 petitioner but the petitioner has no concern with the alleged recovery of illicit wine 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 10.10.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Musarigharari P.S. Case No. 165 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, Samastipur.

(Sunil Kumar Panwar, J) amandeep/- U T