Patna High CourtCR. MISC./55717/2024bail granted

Harendra Kumar v. The State Of Bihar

2024-08-31Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55717 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Harendra Kumar S/o Devnath Singh R/o vill - Jaffarpatti, ward no. 08, P.S. - Raja Pakar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate Mr.Jyoti Prasad, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Chhote Lal Mishra along with Mr. Jyoti Prasad, learned counsels appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sasaram (M) P.S.Case No.86 of 2024 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the FIR, the police recovered 750 ml. foreign liquor from the Dicky of a Motorcycle bearing Registration No.BR31U 7911.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and name of the petitioner has transpired only being owner of the seized motorcycle, which he had given to his friend for some urgent

Patna High Court CR. MISC. No.55717 of 2024(2) dt.31-08-2024 2/2 work.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2 cum Addl. District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (M) P.S.Case No.86 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T