Patna High CourtCR. MISC./73971/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73971 of 2023 Arising Out of PS. Case No.-1154 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Pankaj Kumar Son Of Ramratan Mahto Village- Yogiveer Ps- Jagdishpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 259 litres of illicit Indian made Foreign liquor from a three wheeler vehicle. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was only driver of the vehicle in question and he had no concern with the illicit liquor being carried out in the vehicle. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.73971 of 2023(2) dt.04-12-2023 2/2 possession of the petitioner. The petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 23.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Bhagalpur.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. I, Bhagalpur in connection with Excise (Sadar) P.S. Case No. 1154 of 2023.

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