Praful Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40904 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== PRAFUL KUMAR Son of Jay Narayan Yadav Resident of Village- Belha Tola, Ward No. 03, Saur Bazar, P.S.- Saur Bazar, District- Saharsa. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Ashish Kumar @ Bunti Son of Shri Krishna Deo Gupta, Proprietor of Future World Computer Institute Resident of Dariapur, Chain tola, P.S.- Kadamkuan, District- PatnaPatna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Beldaur P.S. Case No. 65 of 2019, G.R.No. 1106 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. Allegation is of recovery of 1848 litres of foreign liquor from a Bolero vehicle of the petitioner. Submission of learned counsel for the petitioner is that he has no knowledge about carrying of liquor in his vehicle as he has handed over the vehicle on hire basis and he has no criminal antecedent. However, he could not produce any paper in support of his contention that he has given the vehicle on hire.
Patna High Court CR. MISC. No.40904 of 2019(4) dt.05-09-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner stating that petitioner is owner of the vehicle.
In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender and produce any paper in support of his above contention that he has given the vehicle on hire, before the court below, who if being satisfied with the same, will release the petitioner on bail to its own satisfaction, otherwise petitioner has to surrender and pray for regular bail.
(Vinod Kumar Sinha, J) spal/- U T