Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76383 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Pankaj Kumar S/o Nagina Choudhary R/o village- Chhotaki Saokala, P.S.- Aamas, District- Gaya. At present resident of village- Bhawani Sthan, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Mukul Kumari For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with N.T.P.C. Khaira P.S. Case No. 15 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act-2018.

23.600 lts. of country made liquor is said to have been recovered from the motorcycle of the petitioner being plied by his nephew, namely, Amit Kumar.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He was not apprehended on the spot. Albeit, the

Patna High Court CR. MISC. No.76383 of 2019(2) dt.12-12-2019 2/2 petitioner happens to be owner of the aforesaid motorcycle but, he had given the aforesaid motorcycle to his nephew on demand for plying the same and he had no knowledge of transporting the liquor by his nephew on his motorcycle. There has been violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent and has been languishing in custody since 05.11.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, 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, Aurangabad in connection with N.T.P.C. Khaira P.S. Case No. 15 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T