Prakash Kumar @ Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13209 of 2022 Arising Out of PS. Case No.-207 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== PRAKASH KUMAR @ PRAKASH YADAV S/o- Bhola Yadav R/o VillageTendua Pokhar, P.S.- Aurangabad Muffasil, District- Aurangabd. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of country made liquor from a Auto bearing Registration No. BR-26C-3562.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner was the owner of the said Auto but he has sold his vehicle on 13.11.2018 to one Gulabi Devi who has also transferred her vehicle to one Poonam Devi and nothing has been recovered from the conscious or constructive possession of the petitioner and he has no concern with the

Patna High Court CR. MISC. No.13209 of 2022(2) dt.05-08-2022 2/2 seized liquor and petitioner has not been apprehended at the spot. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Aurangabad in connection with G.R. No. 760 of 2019 arising out of Daudnagar P.S. Case No. 207 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T