Patna High CourtCR. MISC./37092/2024bail granted

Prakash Kumar @ Prakash Tiwari @ Bhola v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37092 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- PARSA District- Saran ====================================================== Prakash Kumar @ Prakash Tiwari @ Bhola Son Of Ramdas Ji @ Ramdas Tiwari Resident Of Village - Baksanda, P.S.- Parsa, Dist- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Parsa P.S. Case No. 64 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 4.680 liters of illicit liquor from a motorcycle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has come into light on the basis of confessional statement of apprehended accused person. Petitioner has no concern either with the seized

Patna High Court CR. MISC. No.37092 of 2024(2) dt.17-05-2024 2/2 liquor or with the liquor. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has got three criminal antecedents. Petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Parsa P.S. Case No. 64 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Arish/- U T