Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74990 of 2024 Arising Out of PS. Case No.-993 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Pankaj Kumar Son of Sita Ram Mahto Village- Narsanda, Ward no. 04, PsKanti, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Madya Nisedh PS Case No. 993 of 2024 instituted for the offences under Section 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 960 liters strong beer was recovered from pickup.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner is
Patna High Court CR. MISC. No.74990 of 2024(2) dt.21-10-2024 2/2 khalasi of the vehicle in question. He was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 23-08-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madya Nisedh PS Case No. 993 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T