Kishori Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5525 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== KISHORI ROY S/O BANWARI ROY Resident of Village- Lakhari, P.S.- Giridih, District- Giridih (Jharkhand).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Daniyawan P.S. Case No. 121 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Although the vehicle from which the alleged recovery has been made belongs to this petitioner, but it was his driver who had taken away his vehicle and was not returning the same to the petitioner. In this regard, petitioner had lodged Giridih Nagar P.S. Case No. 177 of 2021 in which charge sheet has

Patna High Court CR. MISC. No.5525 of 2023(2) dt.29-04-2023 2/2 already been submitted against his driver, as is evident from Annexure- 2 and 3. Petitioner has no concern with the seized article. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, be released on bail on furnishing personal bond to the satisfaction of Special Judge, Excise, Patna City in connection with Daniyawan P.S. Case No. 121 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) mcv/- U T