Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84928 of 2023 Arising Out of PS. Case No.-1034 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Pankaj Kumar S/o Rajbanshi Ray Resident of Village- Jethuli,P.S. Nadi, DistPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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 sections 30(a), 32, 36 of the Bihar Prohibition & Excise Act.

3. Allegation against the petitioner is of recovery of total 80 liters of country made liquor from two plastic containers loaded on a motorcycle bearing Registration no. BR01EJ-3217 which was being carried away by the petitioner.

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. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in

Patna High Court CR. MISC. No.84928 of 2023(2) dt.09-01-2024 2/2 question. No any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 7.11.2023.

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

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. 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 released on bail in connection with Alamganj P.S. Case No. 1034 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

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