Patna High CourtCR. MISC./79520/2024bail granted

Pankaj Paswan v. The State Of Bihar

2024-12-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79520 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- DOBHI District- Gaya ====================================================== Pankaj Paswan Son of Kapil Paswan R/O Vill.- Baghlatti, P.O.- Musaila, P.S.- Mohanpur, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 The main copy of the supplementary affidavit is taken on record.

2. Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP appearing on behalf of the State.

3. The petitioner apprehends his arrest in connection with Dobhi P.S. Case No. 141/2023 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

4. 397.44 illicit liquor was seized from the vehicle belonging to the petitioner.

5. Learned counsel for the petitioner submits that the vehicle in question is a commercial vehicle given on hire and the same was misused by someone in connivance with the driver for which the petitioner cannot be held responsible.

Patna High Court CR. MISC. No.79520 of 2024(2) dt.18-12-2024 2/2

6. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

7. Considering the fact that the vehicle is of commercial nature and it is apparent from the insurance papers that the vehicle is commercial, this application is allowed.

8. Let the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court No. 5, Gaya in connection with Dobhi P.S. Case No. 141/2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) Saif/- U T