Prakash Kumar Hore @ Prakash Kr Hore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59096 of 2023 Arising Out of PS. Case No.-231 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Prakash Kumar Hore @ Prakash Kr Hore, Son Of Tapan Chandra Hore R/O Vill - Netaji Nagar Colony, P.S. - Pradhan Nagar, Distt. - Darjeeling, Distt. - West Bengal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(a), 32, 41 and 47 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 900 litres of liquor from a Bolero pick up van.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that Madhav Sarkar and Khokhon Das were arrested from the

Patna High Court CR. MISC. No.59096 of 2023(4) dt.19-02-2024 2/2 spot and the petitioner came to be implicated on the ground that he had talked with one of the apprehended accused. It is next submitted that petitioner and the apprehended accused are known to each other, but then, petitioner was completely unaware that they were involved in illegal trade of liquor, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge (Excise)-1, Kishanganj in connection with Kochadhaman P. S. Case No.231 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T