Patna High CourtCR. MISC./33714/2022bail granted

Ravi Kumar v. The State Of Bihar

2022-09-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33714 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- SIKARHATTA District- Bhojpur ====================================================== Ravi Kumar Son Of Mohan Kumar Singh R/O Village- Dedha, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rajendra Nath Sinha, Advocate For the Opposite Party :

Mr.Anand K Choudhary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

Prosecution case is that 50 liters country made liquor was recovered from the motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner is not the owner of the vehicle in question. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. Petitioner has got no criminal antecedent. Considering the facts of the case, in the event of

Patna High Court CR. MISC. No.33714 of 2022(2) dt.09-09-2022 2/2 arrest/surrender within six weeks from today, let the petitioner, above named, 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 Additional Sessions Judge XI cum Exclusive Special Excise Court No.XI, Bhojpur at Ara in Sikarhata Police Station Case No. 45 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T