Patna High CourtCR. MISC./68452/2018bail granted

Prem Prakash Singh v. The State Of Bihar

2018-12-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68452 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- CHAND District- Bhabhua (Kaimur) ====================================================== Prem Prakash Singh, Son of Dhanushdhari Singh, Resident of Village-Torni, P.S.-Kargahar, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.

Petitioner happens to be owner of seized motorcycle and according to the prosecution case, Indian made foreign liquor was recovered when the aforesaid motorcycle was intercepted by the police. However, the driver of the aforesaid motorcycle fled away leaving behind the said motorcycle. Submission on behalf of the petitioner is that admittedly, petitioner was not caught on the spot and as a matter of fact petitioner is a government employee working at D.C.L.R

Patna High Court Cr.Misc. No.68452 of 2018(2) dt.17-12-2018 2/2 office Bikaramganj. Petitioner does not have any criminal antecedent which is evident from perusal of Para-3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge ( Excise), Kaimur at Bhabhua, in Chand P.S. Case No. 131 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T