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2025 DAILYLAW 87267 (PAT)

Govind Bin v. The State of Bihar

CR. MISC./88874/2024 · 2025-02-05

Prabhat Kumar Singh

body2025

Judgment text

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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 District- Gopalganj 2. Binod Bin son of Suraj Bin R/o- Khalwagaon, PS- Bhore District- Gopalganj ... ... 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 3 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 . Koushik/- (Prabhat Kumar Singh, J) U T