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2025 DAILYLAW 22757 (PAT)

PINTU KUMAR v. The State of Bihar

CR. MISC./12925/2025 · 2025-04-02

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12925 of 2025 Arising Out of PS. Case No.-1077 Year-2024 Thana- BIHTA District- Patna ====================================================== Pintu Kumar S/O- Gopal Prasad R/o Village- Imamganj, P. S- Mehandiya District-Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramendra Kumar Bharti, Adv For the Opposite Party/s : Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends his arrest in connection with Bihata P.S. Case No. 1077 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. 3. From perusal of the first information report as also the seizure list, it would appear that 25 liters of country made liquor was recovered from a tempo, the driver of which was apprehended by the police. So far as the present petitioner is concerned, he happens to be registered owner of the seized tempo. 4. It is submitted by the learned counsel for the petitioner that the petitioner has nothing to do with the seized liquor. So far as the tempo is concerned, he has made a specific Patna High Court CR. MISC. No.12925 of 2025(2) dt.02-04-2025 2/2 statement in paragraph-8 of his petition that he had already transferred the ownership of the said vehicle to one Manoj Kumar and he has annexed a copy of an agreement dated 14.11.2023 on record. It has also been submitted that there is no independent witnesses to the seizure list. 5. Considering the facts and circumstances and also considering that the petitioner has clean antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Danapur in Bihata P.S. Case No. 1077 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial. N.K/- (Soni Shrivastava, J) U T