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Patna High CourtCR. MISC./57361/2023allowed

Prakash Kumar Trivedi @ Prakash Trivedi v. The State Of Bihar

2023-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57361 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== Prakash Kumar Trivedi @ Prakash Trivedi, aged about 25 years (Male) Son of Krishnamohan Trivedi @ Krishnmohan Trivedi, Resident of Village - Mutlupur, P.S. - Piar, Disrict-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the State :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Piar P.S. Case No. 143 of 2023 dated 11.07.2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 93.735 litres illicit foreign liquor was recovery from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the owner nor the driver of the said car. The petitioner has no concern with the said recovered liquor and due to one criminal antecedent, he has been falsely implicated in this case.

Patna High Court CR. MISC. No.57361 of 2023(2) dt.31-08-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.-II, Muzaffarpur in Piar P.S. Case No. 143 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T