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Patna High CourtCR. MISC./515/2024bail granted

Pintu Shah v. The State Of Bihar

2024-07-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.515 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== PINTU SHAH SON OF PARMA SAH R/O MAHDIYA, P.S.- JADOPUR (YADOPUR), DIST.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per F.I.R., 45 liters of country-made liquor has been recovered from a gunny bag, which was loaded on the motorcycle in question.

4. It is submitted on behalf of petitioner that petitioner is neither owner nor driver of the motorcycle in question and has got no concern with the seized liquor. No incriminating article has been recovered from the conscious possession of petitioner and has been implicated in this case only on suspicion.

Patna High Court CR. MISC. No.515 of 2024(3) dt.29-07-2024 2/2

5. Learned A.P.P. for the State has opposes the bail petition and submits that petitioner has got one criminal antecedent of similar nature.

6. However, considering the nature of accusation and quantity of recovery, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ II cum Special Excise Court No. 1, Gopalganj in connection with Jadopur (Yadopur) P.S. Case No. 164 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T