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Patna High CourtCR. MISC./10900/2020allowed

Prem Kumar @ Prem Singh v. The State Of Bihar

2020-03-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10900 of 2020 Arising Out of PS. Case No.-449 Year-2019 Thana- PATORI District- Samastipur ====================================================== PREM KUMAR @ PREM SINGH Son of Arvind Singh @ Arvind Kumar Resident of Village - Chamrahra (Purab Tola), P.S.- Mahua, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Patori P.S. Case No. 449 of 2019 for the offence under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act, 2016. Allegation against the petitioner is that in the instant case 150 litres liquor was seized.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is neither the driver nor the owner of the vehicle. He is not the owner of the liquor. He further submits that petitioner's name was disclosed by coaccused Sujit Kumar Singh.

Patna High Court CR. MISC. No.10900 of 2020(2) dt.03-03-2020 2/2 Considering the fact that petitioner has no criminal antecedent, he is not the owner of the vehicle and the liquor was not seized from his premise, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, 2nd,cum-special Judge (Excise), Samastipur in connection with Patori P.S. Case No. 449 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) Rishi Kumar/- U T