Pravin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36186 of 2017 Arising Out of PS. Case No.-383 Year-2016 Thana- TAJPUR District- Samastipur ====================================================== Pravin Kumar, S/o Ashok Mahto @ Ashok Kumar, Resident of VillageChhavilapur Govindpur, P.S. Mansurchak, Distt- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No-1 For the Opposite Party/s :
Mr. ASHARAF ANSARI ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for offences punishable under Section 30(a)/47 of the Bihar Prohibition and Excise Act, 2016.
It is contended that, as per allegation, 1992.60 litres of foreign liquor were recovered from a truck and pickup van. Petitioner was not apprehended from the spot and he is not named in the F.I.R. It is further contended that petitioner was implicated on the basis of statement made by the wife of Awadhesh Mahto that aforesaid pickup van was sold by his husband to the petitioner in the year 2014 itself but no transaction could be made on paper and, as such, the registration is still in the name of the original owner. Petitioner claims that
Patna High Court Cr.Misc. No.36186 of 2017(2) dt.10-08-2017 2/2 he is having clean antecedent and is in custody since 12.06.2017.
Having regard to the facts and the circumstances of the case and the fact that vehicle has still not been transferred in the name of the petitioner and only on that basis he has been implicated in this case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Distt. & Sessions Judge 6th -cum-Special Judge, Excise Act, Samastipur in connection with Tajpur P.S. Case No. 383 of 16.
Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.
(Dr. Ravi Ranjan, J) Sanjay/- U T