Pranav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51555 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Pranav Son Of Gajjo Yadav @ Gajendra Yadav Resident Of Village - Manhara Ward No. 12, Police Station - Madhepura, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Kochadhaman P.S. Case No. 20 of 2024 (Special Excise Case No. 26A of 2024), registered under Sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 153 liters liquor was recovered from car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the

Patna High Court CR. MISC. No.51555 of 2024(2) dt.20-07-2024 2/2 name of the petitioner has transpired as being owner of the car in question and he has no knowledge regarding the goods being loaded in the vehicle. The apprehended co-accused Prakash Kumar also disclosed the name of the petitioner in his confessional statement and the same has no evidentiary value. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kochadhaman P.S. Case No. 20 of 2024 (Special Excise Case No. 26A of 2024), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Rajorshi/- U T