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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82757 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== PANKAJ KUMAR RAY @ PANKAJ RAY @ PANKAJ KUMAR S/O KAILASH RAY R/O VILLAGE- LITIYAHI, P.S- RAGHOPUR (RUSTAMPUR O.P), DISTT.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 10019.7 liter illicit foreign made liquor from a truck and co-accused was apprehended on the spot and who confessed that the petitioner was also indulged in this illegal trading.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.82757 of 2023(2) dt.20-12-2023 2/2 co-accused. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 11.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhaptiahi P.S. Case No. 10 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Court-I, Supaul. (Sunil Kumar Panwar, J) lata/- U T