Patna High CourtCR. MISC./50435/2023disposed

Prakash Kumar Singh @ Ashutosh Kumar Singh v. The State Of Bihar

2023-08-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50435 of 2023 Arising Out of PS. Case No.-675 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

Prakash Kumar Singh @ Ashutosh Kumar Singh Son Of Santosh Kumar Singh Resident Of Village Pratappur, Po Pratappur, Ps Hussainganj, DistSiwan 2.

Prince Kumar Singh @ Prince Pratap Singh Son Of Vinay Singh Resident Of Village Pratappur, Po Pratappur, Ps Hussainganj, Dist- Siwan 3.

Ujjawal Singh @ Rishabh Kumar Singh Son Of Late Ashok Singh Resident Of Village Pratappur, Po Pratappur, Ps Hussainganj, Dist- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Petition for pre-arrest bail of petitioner no.1 and 2 is dismissed as withdrawn.

2. Heard learned counsel for the petitioner no. 3 and the State.

3. Petitioner no. 3 apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

4. Prosecution case is that 558 liters illicit liquor was recovered from the Scorpio vehicle.

5. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from

Patna High Court CR. MISC. No.50435 of 2023(2) dt.17-08-2023 2/2 the conscious possession of the petitioner. Petitioner is neither owner nor driver of the vehicle in question. Petitioner claims clean antecedent.

6. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner no.3, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Judge II, Siwan in Siwan Excise Police Station Case No. 675 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T