Gurupado Pramanik @ Gurupada Pramanik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9893 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Gurupado Pramanik @ Gurupada Pramanik, s/o Late Nakul Pramanik, r/vBara Ambona, P.S. - Nirsha, District - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Warisnagar P.S. Case No. 272/2018 dated 02.10.2018 instituted for the offence under Section 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act, 2016.

612 litres of liquour is said to have been recovered from a Bolero vehicle from near a public place. The petitioner is sought to be prosecuted in this case because of his being the owner of the aforesaid

Patna High Court Cr.Misc. No.9893 of 2019(2) dt.20-02-2019 2/3 vehicle in which the liquour was being transported. Learned counsel for the petitioner submits that he has clean antecedent and that he had allowed his vehicle to be plied commercially by his driver who has played truant in this instance. It is further submitted that the petitioner had strictly directed his driver not to carry any unauthorized articles in his vehicle but that instruction was breached by his driver.

Considering the aforesaid facts namely, no recovery from personal possession of the petitioner and his being a person of clean antecedent, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III-cum-Special Judge Excise, Samastipur in connection with Warisnagar P.S. Case No.

Patna High Court Cr.Misc. No.9893 of 2019(2) dt.20-02-2019 3/3 272/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) vinita/- U T