Pranjal Prabhakar @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70629 of 2021 Arising Out of PS. Case No.-283 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== PRANJAL PRABHAKAR @ RAJA KUMAR S/O BAIJNATH SAO @ BAIJNATH SAW R/o village- Telaiya, P.S.- Tilaiya, District- Koderma (Jharkhand) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, the petitioner was the driver of the pickup van from which 359.280 litres of IMFL was recovered.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or his vehicle. He is in custody since 13.10.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.70629 of 2021(2) dt.06-06-2022 2/2 The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner being resident of outside of the State of Bihar, once he is released on bail, he will not cooperate in the trial.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner not having any criminal antecedent and having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Excise Case no. 283 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge II- cum- Special Judge (Excise Act), Gaya on the following conditions:
1. One of the bailor of the petitioner shall be a close relative of the petitioner.
2. The other bailor of the petitioner shall be resident of a place within the jurisdiction of the learned trial Court. (Partha Sarthy, J) Bibhash/- U