Patna High CourtCR. MISC./37699/2024bail granted

Kulanand Yadav v. The State Of Bihar

2024-06-26Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37699 of 2024 Arising Out of PS. Case No.-177 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Kulanand Yadav, Son Of Late Darogi Yadav Village - Mahisakol Bansbari, Ps- Araria, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Mr. Harendra Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with C-1 Case No 177 of 2019, dated 06.08.2019, registered for the offence(s) punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act-2016.

3. The allegation is of recovery of 11.25 litres of illicit liquor from the T.V.S. Victor Motorcycle, which was driven by the son of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. Learned counsel further submits that the alleged motorcycle was driven by the son of the petitioner, who has been arrested and thereafter he has been granted bail.

Patna High Court CR. MISC. No.37699 of 2024(2) dt.26-06-2024 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner and the fact that the recovery is made from the motorcycle which was driven by the son of the petitioner, who is under custody and thereafter he is also on bail, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-02, Purnea, in connection with C-1 Case no. 177 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) sanjeev/ravikr/- U T