Prabhat Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73846 of 2018 Arising Out of PS. Case No.-241 Year-2018 Thana- BAUSI District- Purnia ====================================================== Prabhat Kumar Sah, Son of Virendra Prasad Sah, R/o Village- Mohini Kasba, Ward No.6, P.S.- Kasba, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Baisi P.S. Case No. 241 of 2018 for the offence under Section 272, 273 of the Indian Penal Code and Section 30 (A) of Bihar Prohibition and Excise Act 2016.

Learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent. He further submits that allegation against the petitioner is only that he is owner of the vehicle used for carrying liquor of 28.950 liters. The liquor was seized from the vehicle which was plied by the driver of the vehicle.

Considering the fact that the petitioner has no criminal antecedent and is only owner of the vehicle, let the petitioner

Patna High Court Cr.Misc. No.73846 of 2018(2) dt.18-12-2018 2/2 above named, in the event of arrest or surrender within one month from today, 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 the Court of learned Additional District & Sessions Judge II - cum-Special Judge, Excise, Purnea, in connection with Baisi P.S. Case No. 241 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. As also condition that in future any of his vehicle found use in illegal trade of liquor the Court below is at liberty to cancel the bail bond of this petitioner in the instant case. (Anil Kumar Upadhyay, J) T.Kr./- U T