Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25235 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -SISWAN District- SIWAN ======================================================

1. Pankaj Singh @ Pankaj Kumar Singh, son of Dharmanath Singh, resident of Village- Saryupar, Police Station- Daudpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 308 of the Indian Penal Code and Section 30 (a) & 38 (i) of the Bihar Prohibition and Excise Act, 2016.

141.30 liters of foreign liquor is said to have been recovered from the Mahindra Xylo vehicle and the petitioner, who happens to be its driver, was apprehended while its owner Tarun Singh managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been

Patna High Court Cr.Misc. No.25235 of 2018 (02) dt.01-05-2018 2/ 2 falsely implicated in this case. He happens to be driver of the said vehicle and had no knowledge of carrying the liquor in vehicle by its owner who managed to escape seeing the police party. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since 01.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Siwan in connection with Siswan P.S. Case No.36 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T