Paramhans Rai @Prabhansh Yadav. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39320 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== Paramhans Rai @PRABHANSH Yadav. Son Of Ramswarth Rai Resident Of Village- Masha Narotam, P.S.- Bairgania, District- Sitamarhi... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2021 Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The present application is for grant of pre-arrest bail for allegation under Section 30(a) of Bihar Prohibition and Excise Act, 2016 in connection with Bairgania P.S. Case No. 66 of 2020. Allegation against the petitioner is that petitioner along with other co-accused persons was bringing 841.5 litres of Nepali souffi wine on bolero vehicle bearing Registration No. SK 01P0074 from Nepal.

It is alleged that on seeing the informant all accused persons including petitioner fled away from the place of occurrence. Learned counsel appearing on behalf of the petitioner submits that his name has been given in the aforesaid P.S. Case on the basis of the statement given by the Choukidar of the said village.

Patna High Court CR. MISC. No.39320 of 2020(2) dt.01-11-2021 2/2 choukidar and village politics the petitioner has falsely been implicated in this case. He further submits that petitioner is of clean antecedent and no recovery has been made from his possession. The alleged illicit Nepali souffi liquor has been recovered from the Bolero bearing Registration No. SK 01P0074. He has specifically stated in paragraph no. 8 that the said vehicle is not registered in his name neither belong to any of his family members. Considering the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the Court below within four weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II, Sitamarhi cum Special Judge (Excise), Sitamarhi in connection with Bairgania P.S. Case No. 66/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 1973.