Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68911 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Pankaj Kumar S/o- Late Parshuram Mahto, R/o - Sahebganj, Sonarpatti, Ward No.30, P.S. - Chapra Town, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 56 litre illicit country made liquor from the motorcycle bearing Registration No. BR-04AN-1072 and petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis suspicion. He further submits that petitioner is not the owner of the seized motorcycle and he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits

Patna High Court CR. MISC. No.68911 of 2025(2) dt.24-09-2025 2/2 that petitioner there is no independent witness to the seizure list. Learned counsel submits that the petitioner is a young boy aged about 19 years who is in custody since 27.07.2025, having one criminal antecedent, which does not belongs to Excise Act, in which he is on bail. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Sadar Excise P.S. Case No.169 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T