IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29070 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Pankaj Kumar S/o Late Saheb Ray @ Saheb Ram R/o Village - Naya Tola Raghopur, P.S.- Bakhtiyarpur, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar, Adv. For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 76 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 along with Section 317(5) of the B.N.S.S. 3. As per prosecution case, the police has recovered total 50 liters of illicit liquor from the motorcycle. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. He Patna High Court CR. MISC. No.29070 of 2025(2) dt.30-04-2025 2/3 further submits that the petitioner had taken lift from the co- accused Chotu Kumar and, unfortunately, the police party nabbed them. The petitioner has no cocnern with the alleged motorycycle. The petitioner has also no concern with the seized liquor. The petitioner was not aware of the contents of the material loaded on the motorcycle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 03.03.2025 without any rhymes or reason. 5. Learned counsel for the petitioner again submits that the co-accused have been granted bail by this Court vide orders dated 08.04.2025 and 24.04.2025 passed in Cr. Misc. Nos. 21684 of 2025 and 25784 of 2025 respectively. 6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.29070 of 2025(2) dt.30-04-2025 3/3 below/concerned Court in connection with Athmalgola P.S. Case No. 76 of 2025. rishi/- (Rudra Prakash Mishra, J) U T