Patna High CourtCR. MISC./74375/2018allowed

Pradip Sarkar v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74375 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- BAUSI District- Purnia ====================================================== Pradip Sarkar Son of Paresh Chandra Sarkar Resident of Mohalla Sricolony Bagdogra,P.S. Bagdogra,Distt.-Darjeling(W.Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Baisi PS Case No. 225 of 2018 for the alleged offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise & Prohibition Act, 2016. Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedent. Allegation against the petitioner is that he was driver of the pick up van carrying the liquor. He submits that in fact the petitioner was not connected with the offence and neither the driving license of the petitioner was recovered from the van nor there was any material to connect the petitioner.

Considering the aforesaid fact and that the petitioner has no criminal antecedent, this application is allowed.

Patna High Court Cr.Misc. No.74375 of 2018(2) dt.18-12-2018 2/2 In the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioner above named is directed to 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Baisi PS Case No. 225 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T