Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.458 of 2024 Arising Out of PS. Case No.-177 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== Pankaj Kumar Son Of Manoj Sahni R/O Village- Jora Pokhar, P.S.- Jhinkpani, District- West Singhbhum (JHARKHAND) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinay Mishra For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 279, 337, 338, 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case in nutshell is that a car bearing Reg. No. JH-05AS-1587, dashed a man and after that, villagers caught the driver of the car ie. petitioner. It is further alleged that on search by police party, 118.02 litres of Indian Made Foreign Liquor recovered from the said car.

Patna High Court CR. MISC. No.458 of 2024(2) dt.23-01-2024 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing incriminating has been recovered from his conscious possession and he has no concern with the alleged recovery. It is further submitted that petitioner is owner of the aforesaid car and owner book has bot been transferred on his name. Moreover, petitioner is languishing in judicial custody since 20.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court

Patna High Court CR. MISC. No.458 of 2024(2) dt.23-01-2024 3/3 I, Jamui in connection with Chandramandih P.S. Case No. 177 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T