Bittu Kumar Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29020 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Bittu Kumar Pradhan Son of Dharm Raj Pradhan, Resident of VillageDiyaman, P.S.- Krishna Brahm, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Brahmpur (Krishna Brahm) P.S. Case No. 93 of 2017 dated 25.03.2017, registered for the offence punishable under Sections 30(a)/ 47 of Bihar Prohibition and Excise Act, 2016. The allegation, according to the informant, is that on information having been received that illicit liquor is being carried by the Bolero pick-up van, a team was being constituted and the said Bolero pick-up van was apprehended, wherein apart from the driver, two persons including the petitioner were found sitting in the said van. Upon search, huge quantity of illicit liquor was recovered, which was being brought from Ranchi, Jharkhand. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.29020 of 2017 (2) dt.01-07-2017 2/2 petitioner had gone to purchase some articles for Barhi of his son and on his way back he was apprehended by the police. It is further submitted that the petitioner is neither the owner of the vehicle nor he is driver of the said vehicle. It is further submitted that bare perusal of the seizure list would show that the police got signature of seizure list witnesses and signature of the petitioner on blank paper.

Having regard to the facts and circumstances of the case, specifically in view of the fact that the petitioner was merely a co-passenger in the said pick-up van, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., IInd cum Special Court Excise Act, Buxar in connection with Brahmpur (Krishna Brahm) P.S. Case No. 93 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T