Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1021 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Pankaj Kumar, Son Of Sanju Yadav R/O Village- Chattu Bagh, P.S.- Chandauti, In The District Of Gaya ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is in custody since 14.11.2022, he is a person with clean antecedent and the allegation is of recovery of 145 litres of liquor from a motorcycle.
The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. Even the said motorcycle was a stolen one, which belonged to one Jayant Kumar, who had instituted a case relating to theft of his motorcycle. It is further submitted that petitioner is alleged to
Patna High Court CR. MISC. No.1021 of 2023(2) dt.04-03-2023 2/2 have been identified based on CCTV footage, but then, the CCTV footage does not disclose that petitioner was seen sitting on the motorcycle.
Learned A.P.P. opposes the bail application.
Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chandauti P. S. Case No.413 of 2022.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T