Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83718 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- PARWALPUR District- Nalanda ====================================================== Praveen Kumar S/o Late Shivkumar yadav R/o vill - Aarabhusai, P.s.- Katkam Sandi, Distt.- Hazaribagh, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83868 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- PARWALPUR District- Nalanda ====================================================== 1.
Krishna Kumar @ Krishna yadav @ Krishna Kumar Yadav S/o Rajendra yadaw @ Rajendra Yadav R/o vill - Karma, P.S - Mayurhand, Distt.- Chatra, Jharkhand 2.
Shri Ram Dangi @ Shriram Dangi S/o Lato Dangi R/o Dadupur, P.s. - Chauparan, Distt.- Hazaribagh, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 83718 of 2024) For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP (In CRIMINAL MISCELLANEOUS No. 83868 of 2024) For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-12-2024 Heard the parties.
2. The petitioners are in judicial custody in connection with Parwalpur P.S. Case No. 161 of 2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 07.10.2024 by the
2/4 informant, Pappu Kumar Singh.
3. As per the prosecution story, the informant alleged that during secret information and patrolling, two vehicles were intercepted, Tata Zest and Pick Up Van and altogether there is recovery of 847.44 liters of foreign liquor. This led to the FIR and arrest.
4. Learned counsel for the petitioner submits that in both the cases submit that none of them are owner of either of the two vehicles, they had no knowledge about the presence of liquor, are in custody since 08.10.2024. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioners intend to contribute Rs.15,000/- each (totalling Rs. 45,000/-) to the District Legal Services Authority, Nalanda for the purchase of steel Benches for the Civil Court Campus, Nalanda through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid facts as also the submissions put forward by the parties that they do not own the vehicles, were mere the passengers/drivers had no knowledge about the liquor, this Court is inclined to extend them the privilege of bail subject to payment of Rs. Rs.15,000/- each
3/4 (totalling Rs. 45,000/-) to the District Legal Services Authority, Nalanda for the purchase of steel Benches for the Civil Court Campus, Nalanda through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenses made has to be submitted before the Trial Court.
7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ADJ-IV cum Exclusive Special Excise-2, Bihar Sharif, Nalanda, in connection with Parwalpur P.S. Case No. 161 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T