Parmanand Prasad @ Permanand Prasad @ Paran Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82286 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Parmanand Prasad @ Permanand Prasad @ Paran Prasad S/O Late Radha Prasad Resident Of Village- Dabariya, Makari Tola, Ward No. 08, P.S. Nautan, District- West Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 146.46 litres of Indian Made Foreign Liquor from a car bearing Reg. No. BR-1U-2543.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the
Patna High Court CR. MISC. No.82286 of 2023(2) dt.02-01-2024 2/3 alleged recovery or with the vehicle in question. Banti Kumar is the registered owner of the car in question and petitioner has purchased the car from him. It is further submitted that the petitioner has sold the car in question to one Pradeep Yadav. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, petitioner is languishing in judicial custody since 25.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is 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
Patna High Court CR. MISC. No.82286 of 2023(2) dt.02-01-2024 3/3 Judge, Excise, Bettiah, West Champaran in connection with Nautan P.S. Case No. 49 of 2022.
(Sunil Kumar Panwar, J) Nirajkrs/- U T