Patna High CourtCR. MISC./42274/2023bail granted

Parashnath Singh @ Niraj Kumar v. The State Of Bihar

2023-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42274 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- DINARA District- Rohtas ====================================================== PARASHNATH SINGH @ NIRAJ KUMAR SON OF RADHESHYAM SINGH RESIDENT OF VILLAGE - BHARASARA, P.S. - DINARA, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashikant, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

3. Prosecution case is that 120.96 litres, 155.52 litres and 293.76 litres of foreign liquor was recovered from vehicle Tata Nexon, Bajaj Tempo and motorcycle respectively.

4. Learned counsel appearing for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery was made from different vehicles. Petitioner is neither owner nor driver of the vehicle. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.42274 of 2023(2) dt.31-07-2023 2/2

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let this petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Dinara P.S. Case No.79/2023, District- Rohtas, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) gauravkr/- U T