Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72728 of 2022 Arising Out of PS. Case No.-737 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Praveen Kumar Son Of Vinay Kumar Singh @ Vinay Kumar R/V- Chak Dadan Mahua @ Rasulpur Mobarak, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii), 34(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 450 litres of Indian made foreign liquor from a Bolero vehicle bearing Registration No. BR-01PG-5555. Petitioner is owner of the Bolero vehicle in question.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot.

Patna High Court CR. MISC. No.72728 of 2022(2) dt.13-01-2023 2/3 Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has come only because he is the owner of the said vehicle. Petitioner is languishing in judicial custody since 18.10.2022. The petitioner has given the vehicle to the driver for his livelihood and he has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court No. II-cum-Additional District and Sessions Judge, Vaishali, Hajipur in connection with Mahua P.S. Case No. 737 of 2020

Patna High Court CR. MISC. No.72728 of 2022(2) dt.13-01-2023 3/3 The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) nirajkrs/- U T