Makhan Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71050 of 2022 Arising Out of PS. Case No.-246 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== MAKHAN PAL S/o Late Bholanath Pal R/o- Palpara, Subhashganj, P.S.- Rayganj, Uttar Dinajpur, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Raghopur P.S. Case No. 246 of 2019 registered for the offence under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. It is further submitted that although the petitioner is still being shown as the owner of the vehicle in question, but as a matter of fact, petitioner had sold the said vehicle to one Najimuddin vide sale agreement, power of attorney and authorization letter as contained in Annexure-2 series. Petitioner

Patna High Court CR. MISC. No.71050 of 2022(3) dt.12-01-2023 2/2 has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing personal bond to the satisfaction of Exclusive Special Judge, Excise Court No. 2, Civil Court, Supaul in connection with Raghopur P.S. Case No. 246 of 2019 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

mcv/- (Arvind Srivastava, J) U T