Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18294 of 2019 Arising Out of PS. Case No.-705 Year-2018 Thana- DANAPUR District- Patna ====================================================== SURENDRA PRASAD, Son of Late Ashraphi Rai, Resident of Mohalla - Chhitnawan, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Danapur P.S. Case No. 705 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on mere suspicion because he is the owner of the tempo from which the recovery of illicit liquor has been made. He further submits that the tempo was driven by one Mukesh Kumar who had taken the tempo on hire from the petitioner.

Learned APP for the State is present and has opposed the prayer for bail.

Patna High Court CR. MISC. No.18294 of 2019(2) dt.04-04-2019 2/2 In the given facts and circumstances wherein it transpires that the tempo in question was being driven by one Mukesh Kumar who had taken the tempo on hire from this petitioner who is the owner of the tempo and had indulged in carrying illegal illicit wine as also that according to the petitioner the offence was being committed without his knowledge and he has no criminal antecedent of a case of similar nature, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Danapur P.S. Case No. 705 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T