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Patna High CourtCR. MISC./31084/2025allowed

Praveen Kumar Pranav v. The State Of Bihar

2025-05-20Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31084 of 2025 Arising Out of PS. Case No.-35 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== Praveen Kumar Pranav S/o Sri Ugresh Narayan Sinha @ Ugresh Narain Sinha R/o Mohalla- Kalidham, West of Basera Engineering, Saidnagar, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-05-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Darbhanga Town P.S. Case No. 35 of 2018, registered for the offences punishable under Sections 401, 272, 273, 201, 414 of the Indian Penal Code as well as Sections 30(a), 36, 41 of the Bihar Prohibition and Excise Act, 2016.

3. The police on a secret information conducted raid and seized various vehicles including Alto Car bearing Registration No. BR7J-1073 from which allegedly 18 litres Indian made foreign liquor was recovered. It is further alleged that inclusive all other vehicles, altogether 738 litres illicit country made and foreign liquor was recovered.

4. Learned Advocate for the petitioner primarily

Patna High Court CR. MISC. No.31084 of 2025(2) dt.20-05-2025 2/3 contended that prior to the alleged occurrence, the Alto Car, in question, was sold to one Raja Ram Sahni. In support of the aforesaid contention, photocopy of the Sale Letter and Form 30, issued by the District Transport Office, Darbhanga, suggesting the vehicle in question had been sold to one Raja Ram Sahni on 13.01.2018, have been placed on record as Anneuxre-P/4. It is further submitted that since the vehicle in question had already been transferred in favour of Raja Ram Sahni, therefore the petitioner was not knowing with respect to the present case. However, when the petitioner has received a notice on 12.11.2024 showing the name of the petitioner being implicated in the case in hand on account of he being the owner of the Alto Car, he preferred the present application for grant of bail. The petitioner is man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court. Various other infirmities have also been referred to in search and seizure.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Considering the materials available on record as also the submission made by the learned Advocate for the petitioner that the vehicle in question has already been transferred in the name of one Raja Ram Sahni prior to the

Patna High Court CR. MISC. No.31084 of 2025(2) dt.20-05-2025 3/3 alleged occurrence, coupled with the fair antecedent and the infirmities shown in search and seizure, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-I (Excise Act), Darbhanga in connection with Darbhanga Town P.S. Case No. 35 of 2018, giving rise to G.O. Case No. 162 of 2018, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T