Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78254 of 2018 Arising Out of PS. Case No.-226 Year-2018 Thana- PATORI District- Samastipur ====================================================== Prabhash Kumar Son of Upendra Prasad Singh Resident o f Village- & P.O.- Mahuadih,P.s. Patepur,Distt.-Vaishali at Hajipur(Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Petitioner apprehends his arrest in connection with Patori P.S.Case No. 226 of 2018 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 38(1) and 38(2) of Bihar Prohibition and Excise Act, 2016.

Allegation as per FIR is that police seized two vehicles, including one Alto car and recovered 45 litres of liquor.

Submission of learned counsel for the petitioner is that petitioner is said to be the owner of the said Alto car but he has already sold the car in the year 2014 and in support of that he has annexed Annexure-2-the sale deed and moreover he has no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.78254 of 2018(2) dt.07-01-2019 2/2 Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, 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 Additional District and Sessions Judge-VI-cum-Special Judge, Excise, Samastipur, in connection with Patori P.S.Case No. 226 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to cooperate in investigation, otherwise his bail bond shall be cancelled.

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