Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74197 of 2025 Arising Out of PS. Case No.-546 Year-2025 Thana- KADAMKUAN District- Patna ====================================================== Pankaj Kumar S/O Arun Mahto R/O Sabalpur Baluatoli, P.S.- Sonepur, Dist.- Saran. A/P- Saidpur Chaitola Ganja Gali, Renter in the house of Ramchandra Mahto, P.s.- Kadamkuan, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kadamkuan P.S. Case No. 546 of 2025 instituted for the offences under Section .

3. As per prosecution case, the police has recovered total 45.375 liters of illicit foreign liquor from the Scooty as well as from an abandoned house. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.74197 of 2025(2) dt.30-10-2025 2/2 the same has been recovered from open place (old house), accessible to one and all. The petitioner has no concern either with the seized liquor or the alleged scooty. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.08.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kadamkuan P.S. Case No. 546 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T