Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10290 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Pradeep Kumar S/O Ravindra Kumar R/O H. No. 8970, Daultabad, P.S.- Rajendra Park, Distt- Gurgaon (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kanti P.S. Case No. 08 of 2023 registered under section 30(a), 32(i), 32(ii), 36 and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 288 liters of illicit foreign liquor from a vehicle in which the petitioner was present.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no

Patna High Court CR. MISC. No.10290 of 2023(2) dt.18-04-2023 2/3 concern with the seized illicit liquor. It is also submitted that the petitioner is neither the owner of the said vehicle nor the driver of the said vehicle. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.01.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 20,000/- (Rs. Twenty Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kanti P.S. Case No. 08 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Muzaffarpur.

Patna High Court CR. MISC. No.10290 of 2023(2) dt.18-04-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty Thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T