Suraj Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25036 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== SURAJ PRAKASH aged about 55 years (Male) Son of- Shaligram Prasad Resident of Village- Baghra, Kathara (M 023), Tenu Road Bandh Colony, Near- Durga Mandir, P.S.- Katra, District- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Chautham P.S. Case No. 28 of 2019 registered for the offence punishable under sections 273/120B/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

The seizure list beside recovery of illicit liquor from other places reflects recovery of 509.580 liters of I.M.F.L. from the truck of the petitioner.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely because he is owner of the truck in question.

Patna High Court CR. MISC. No.25036 of 2019(2) dt.18-04-2019 2/2 There is no recovery from the conscious possession of the petitioner. Petitioner was not even present there. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II-cum-Special Judge, Excise, Khagaria in connection with Chautham P.S. Case No. 28 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T