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Patna High CourtCR. MISC./88874/2024disposed

Govind Bin v. The State Of Bihar

2025-02-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88874 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- BHORE District- Gopalganj ====================================================== 1 .

Govind Bin son of Deba Bin R/o- Khalwagaon, PS- Bhore DistrictGopalganj 2.

Binod Bin son of Suraj Bin R/o- Khalwagaon, PS- Bhore DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar , Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2018 .

3 . It is alleged that 302 liters of country made liquor was recovered from seized motorcycle .

4. It is submitted that the petitioners are innocent and have falsely been implicated in this case . Petitioners are neither driver nor owner of the seized motorcycle . No incriminating material has been recovered from their conscious possession of these petitioners and they are in no way connected

Patna High Court CR. MISC. No.88874 of 2024(3) dt.05-02-2025 2/2 with the aforesaid recovery. Petitioner No. 1 claims clean antecedent.

5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 2 has got three criminal antecedent of similar nature .

6. Considering the fact that petitioner No. 2 has got three criminal antecedent of similar nature , his prayer for pre - arrest bail is rejected.

7. Considering the facts of the case , clean antecedent of petitioner No. 1 in the event of arrest/surrender within eight weeks from today, let the petitioner No. 1 , above named, 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 the learned Additional District and Sessions Judge - XIII - Cum - Special Excise Court No. I Gopalganj in connection with Bhore Police Station Case No. 173 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T