Kiran Prakash @ Prakash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55102 of 2021 Arising Out of PS. Case No.-535 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== Kiran Prakash @ Prakash Jha Son Of Shushil Kumar Jha R/O VillagePipraulia, Malahpatti, P.S.- Ashok Paper Mill, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bahadurpur P.S. Case no. 535 of 2017 instituted for the offence under Sections 36/30(a)/34/42 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 810 litres IMFL from a banana loaded white colour pick-up van. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this

Patna High Court CR. MISC. No.55102 of 2021(2) dt.13-04-2022 2/2 case by apprehended co-accused, namely, Abhijeet Roy and Shubhankar Das, which has no evidential value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bahadurpur P.S. Case no. 535 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judgecum-Special Judge, (Excise Act), Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U