Bullet Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49439 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== BULLET PRASAD SON OF SUBHASH SAH R/O-BHADA KHURD, P.S.- SIWAN MUFFASIL, DISTT.-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate.

For the Opposite Party/s :

Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Shakir Ahmad, learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends arrest in connection with Mirganj P.S. Case No. 441 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the First Information report, on 30.12.2022 in the afternoon on seeing the Police party four accused persons started fleeing away after throwing a gunny bag from the Motorcycle. However, the Police chased them and two persons were apprehended by the Police while other two have managed to flee away and after interrogation, the apprehended two accused have disclosed their name as Guddu Kumar Yadav and

Patna High Court CR. MISC. No.49439 of 2023(2) dt.11-08-2023 2/3 Shaileslh Singh. They also disclosed the name of the persons who succeeded in fleeing away as Pankaj Yadav and Mantu Yadav. During course of search, a total quantity of 185.600 litres of illicit liquor from a gunny bag and 40 litres of illicit liquor from the Motorcycle have been recovered. The Motorcycle belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case merely because he happens to be the owner of the Motorcycle which was not seized at the place of occurrence with the petitioner. He further submits that the Motorcycle was borrowed by another person for the purpose of some work and the petitioner was not aware that the illicit liquor was being carried or transported from the said Motorcycle. The petitioner has got no criminal antecedent.

5. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the Motorcycle in question was borrowed by other person and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on

Patna High Court CR. MISC. No.49439 of 2023(2) dt.11-08-2023 3/3 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.I V-cum-Spl. Judge Excise Court No. II, Gopalganj, in connection with Mirganj P.S. Case No. 441 of 2022 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T