Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84477 of 2019 Arising Out of PS. Case No.-155 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== PRAVEEN KUMAR S/o Shankar Singh Resident of Village- Baghaur, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the parties.

Petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a),38(1) & 56(d) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer in his written report has alleged that on specific information checking of vehicles was being conducted by him when three miscreants riding on a motorcycle after seeing the police party tried to flee away, however, two of them were apprehended who disclosed their name as Manish Ram and Mukesh Kumar and third miscreant who managed to escape as Chandan Gupta.

It has been submitted on behalf of the petitioner that petitioner has been subsequently added as accused as he is

Patna High Court CR. MISC. No.84477 of 2019(2) dt.19-12-2019 2/2 registered owner of the motorcycle. It is further submitted on behalf of petitioner that he has already sold his motorcycle to co-accused Chandan Prasad Gupta and for which purchaser affidavit with signature of accused Chandan Prasad Gupta has been filed as contained in Annexure-2. Nothing has been recovered from the possession of the petitioner nor he was apprehended on the spot. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Case No. 155C2 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U