Kanhai Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42771 of 2017 Arising Out of PS. Case No.-184 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== Kanhai Kumar Pandit , son of Nawal Pandit , Resident of Village- Bibipur, P.S.- Belsar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Jitendra Narain Sinha For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Jitendra Narain Sinha, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner apprehending his arrest in Kudhani ( Kurhani) P.S. Case No. 184 of 2017 registered for the offence under section 272 , 273, 290 of the Indian Penal Code , 1860 and Section 30( A) of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that his motorcycle was parked and on an allegation of recovery of one bottle containing 375 ml of Indian make foreign liquor , the petitioner was made accused. It was submitted by learned counsel for the petitioner that it is true that petitioner is the owner of the vehicle in question, but fact remains that the said

Patna High Court Cr.Misc. No.42771 of 2017(2) dt.21-09-2017 2/2 vehicle was taken by his friend and petitioner was not having any knowledge regarding such act by his friend. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation and clean antecedent of petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Kanhai Kumar Pandit 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 Special Judge Excisecum- Additional Sessions Judge, 3rd , Muzaffarpur / concerned court in connection with Kudhani ( Kurhani ) P.S. Case No. 184 of 2017 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T