Gopal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63675 of 2024 Arising Out of PS. Case No.-1022 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gopal Saw S/o Bhagwan Saw Resident of Mohalla - Sansar Pokhar, Yadav Tola, Ward No. 17, P.S.- Kabaiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Lakhisarai (Kabaiya) P.S. Case No. 1022 of 2023 registered under Sections 30(a) and 45 of Bihar Excise Act.

3. As per prosecution case, 45 liters illicit liquor has been recovered from Luna Motorcycle bearing Reg. No. BR53-F1696.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to suspicion. Further submission is that petitioner is neither the owner nor the driver of the seized motorcycle. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the

Patna High Court CR. MISC. No.63675 of 2024(2) dt.24-09-2024 2/2 conscious possession of the petitioner. Petitioner has got one criminal antecedent of similar nature, in which he is on bail.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise Court No. 1, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 1022 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T