Prabhash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54937 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== PRABHASH SINGH Son of Nemdhari Singh Resident of Village- Sapaur, P.S.- Sangrampur, District- Munger.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kishanganj P.S. Case No. 22 of 2019 registered for the offences punishable under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.

Allegation as per FIR is of recovery of huge quantity of liquor from a bus and the driver of the bus disclosed the name of the petitioner that being conductor he loaded the liquor. Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and there is no recovery from his possession and he is ready to abide by any condition that may be imposed on him if bail is granted to him.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that owner of the bus has also disclosed

Patna High Court CR. MISC. No.54937 of 2019(3) dt.18-09-2019 2/2 the name of the petitioner but he has admitted that apart from that there is nothing against him.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise, Kishanganj, in connection with Kishanganj P.S. Case No. 22 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a his own relative having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T