Pradeep Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6534 of 2024 Arising Out of PS. Case No.-145 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== Pradeep Kumar Sah Son of Manohar Sah Resident of Village-Manoharpur, P.S.-Pathargamaa, Distt.-Godda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Adv For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition & Excise Amendment Act.
3. The learned cousnel for the petitioner submits that the petitioner is a persons with clean antecedent and an allegation is of recovery of 12.375 liters of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that he came to be implicated in the present case on the fact that he is owner of the seized motorcycle. It is further
Patna High Court CR. MISC. No.6534 of 2024(2) dt.16-02-2024 2/2 submitted that Ganesh Kumar was arrested with the liquor at the spot. It is next submitted that petitioner was completely unaware that his friend Ganesh would misuse the vehicle in the manner as alleged, as no prudent person would use his own vehicle for committing an occurrence.
5. Learned A.P.P opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs,. 5,000/- ( Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No.1, Bhagalpur in connection with Lodipur P.S.Case No. 145 of 2021, subject to the conditions laid down under section 438(2) of the Cr. P.C. (Satyavrat Verma, J) N.K/- U T