Praveen Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47314 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Praveen Kumar Yadav S/O Ramayan Prasad Yadav R/O Village- Murera, Ps. Darauli, Dist. Siwan, At Present 2094/4p3, Gali No. 17, Prem Nagar, Patel Nagar, S.O-Central Delhi, Pin- 110008 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2023 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 439 of 2022 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the F.I.R a total 126 litres of country made liquor recovered from a Santro car bearing registration No. DL 4CS-0237.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is the owner of the alleged vehicle and he had made an agreement with one Vigal Singh to drive the car in the village and he was not aware of the fact that

Patna High Court CR. MISC. No.47314 of 2023(2) dt.11-08-2023 2/3 126 litres of liquor was in the car on the day it was seized. Learned counsel further submits that petitioner was in Delhi along with his family members on the alleged date of occurrence. Learned counsel further submits that petitioner has no criminal antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having considered the nature of allegation made against the petitioner as well as the fact that petitioner being the owner of the alleged vehicle has been implicated in the present case and he was also not present at the place of occurrence. The petitioner has no criminal antecedent.

7. In above view of the matter, I am of the opinion that the petitioner has made out a, prima facie, case to be released on anticipatory bail.

8. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Judge-I, Siwan in connection with Mairwa P.S. Case No. 439 of 2022, subject to the condition as

Patna High Court CR. MISC. No.47314 of 2023(2) dt.11-08-2023 3/3 laid down under Section 438(2) of the Cr.P.C.

9. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) Minu/- U T