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Patna High CourtCR. MISC./51010/2024bail granted

Om Prakash Kumar @ Chhotu Kumar v. The State Of Bihar

2024-08-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51010 of 2024 Arising Out of PS. Case No.-483 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Om Prakash Kumar @ Chhotu Kumar son of Surendra Ray Village- Terasiya Ps- Ganga Bridge Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 150 litres country made liquor has been recovered from a car.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and his name transpired on confessional statement of co-accused. Petitioner is neither driver nor owner of the car in question and claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean

Patna High Court CR. MISC. No.51010 of 2024(2) dt.29-08-2024 2/2 antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Court of Excise, Patna City in connection with Alamganj P. S. Case No. 483 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T