Praveen Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86694 of 2023 Arising Out of PS. Case No.-481 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== PRAVEEN KUMAR JAISWAL S/O KRITYANAND JAISWAL R/O ANNIE BESENT ROAD, PATNA COLLEGE, ASHOK RAJ PATH, P.SPIRBAHORE, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bambahadur Jha, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Kadamkuan PS case no. 481 of 2023, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that 3.600 liters of illicit liquor has been recovered from the petitioner's Bullet motorcycle.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case by the police team with oblique motive. He further submits that the petitioner was not aware about the illicit liquor being kept in his

Patna High Court CR. MISC. No.86694 of 2023(2) dt.24-01-2024 2/2 motorcycle, inasmuch, on the date of occurrence, the motorcycle was borrowed by his friend for the purposes of purchasing medicine from the market and same has been seized by the police while standing near the market. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not having any criminal antecedent and he was not aware about the illicit liquor being kept in his motorcycle, which was borrowed by his friend, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Patna in connection with Kadamkuan PS case no. 481 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T