Panchratan @ Panchratan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63985 of 2022 Arising Out of PS. Case No.-659 Year-2022 Thana- MANER District- Patna ====================================================== Panchratan @ Panchratan Kumar, Gender-Male, aged about 25 years, S/O Late Bilat Yadav R/O Village- Sakardih, P.S- Sakardih, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parashuram Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-02-2023 This matter has been taken up today for consideration through video conferencing.

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

The petitioner seeks bail in connection with Special case No. 1588/2022 arising out of Maner P.S. Case No. 659/2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Liquor and Excise Act.

Eight-nine (89) litres of illicit liquor has been recovered from the 'tempo', wherein the petitioner was seated. Learned counsel for the petitioner submits that petitioner is not the owner of the vehicle, he was passenger in the 'tempo', oblivious of any illicit liquor being carried in the vehicle. It is submitted that investigation is complete. He has become victim of the circumstances. Having no criminal antecedents, he is in custody since 14.09.2022.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, period of custody, clean

Patna High Court CR. MISC. No.63985 of 2022(3) dt.03-02-2023 2/2 antecedents and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna, in connection with Special case No. 1588/2022 arising out of Maner P.S. Case No. 659/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T