Prashant Kumar @ Prashant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27682 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- Siwan Muffasil District- Siwan ====================================================== Prashant Kumar @ Prashant Rai S/o Vijay Kumar @ Vijay Rai @ Vijay Kumar Singh, R/o Vill.- Pachaura, P.S.- Dhanauti O.P., District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

08-05-2018 Heard Sri Ajay Kumar Tiwary, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Siwan Muffasil P.S. Case No. 129 of 2018 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(i) and 41 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It was further argued that on false accusation, the petitioner has been apprehended, as if, petitioner was carrying about 17 liter of Indian make foreign liquor. It has further been argued that it was alleged, as if, on disclosure made by petitioner, further about 86

Patna High Court Cr.Misc. No.27682 of 2018(2) dt.08-05-2018 2/2 liters of Indian make foreign liquor was recovered from a ditch. Learned counsel for the petitioner has argued that seizure list was not prepared in accordance with law and petitioner has falsely been implicated.

Considering the nature of accusation and clean antecedent, let the petitioner namely Prashant Kumar @ Prashant Rai be enlarged 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 Additional Sessions Judge 2nd cum Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. Case No. 129 of 2018.

(Rakesh Kumar, J.) anay U T