Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56497 of 2021 Arising Out of PS. Case No.-310 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

ASHOK PRASAD Son of Shankar Prasad Resident of Village- Andar Bazar, Ward No. 4, P.S.- Andar, District- Siwan.

2.

Kranti Yadav Son of Umesh Yadav @ Umesh Resident of Village- Dahabari, P.S.- Andar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2022 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 CIII Case no. 310 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 154.710 litres foreign liquor of different brands from a vehicle of which driver was apprehended on spot and two persons succeeded in fleeing away.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.56497 of 2021(2) dt.25-04-2022 2/2 no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery or with the vehicle in question rather the alleged vehicle belongs to Ratan Lal. 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with CIII Case no. 310 of 2021, they 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 Additional Sessions Judge-2ndcum-Special Judge, Excise, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U