Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55572 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Pradeep Kumar, Male, aged about 30 years, Son of Prakash Ram @ Jai Prakash Ram Resident of Village - Bhatiyari Sarai, P.S.- Kotwali (O.P.), District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Keoti P.S. Case No. 248 of 2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

There is alleged recovery of 600 bottles ( total 180 litres) of illicit liquor from the vehicle in which he was travelling. It is stated that the petitioner had taken lift in the vehicle, oblivious of the fact of illicit liquor being loaded. Petitioner has become victim of the circumstance. The petitioner has no criminal antecedents and investigation is complete. Petitioner is in custody since 14.08.2022. Driver of the vehicle has been allowed bail in Cr. Misc. No. 67600 of 2022.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, nature of accusations, manner of recovery and clean antecedents and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's

Patna High Court CR. MISC. No.55572 of 2022(2) dt.16-01-2023 2/2 counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, 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 learned Special Judge, Excise-I, Darbhanga, in connection with Keoti P.S. Case No. 248 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T