Pradeep Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53389 of 2022 Arising Out of PS. Case No.-70 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Pradeep Kumar Sahu Son Of Raj Kumar Sahu R/O Village- Jaidevpatti, ToleLalapatti, P.S.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.O. Case No. 70 of 2020 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 828.7 liters country made foreign liquor from a Mahindra Genio Pickup vehicle bearing Reg. No. BR06-GA-6758.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.53389 of 2022(2) dt.16-11-2022 2/3 place of occurrence. It is further submitted that the petitioner was owner of the said vehicle in the year of 2013 but he sold the said vehicle to one Ritesh Kumar Jha on 06.06.2018 but did not transfer the ownership of his vehicle due to some unavoidable reason. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 30,000/- (Thirty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with G.O. Case No.70 of 2020, he will 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, Excise Act, DistrictMadhubani subject to the conditions as laid down under section

Patna High Court CR. MISC. No.53389 of 2022(2) dt.16-11-2022 3/3 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) amandeep/- U T