Sanjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12253 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== SANJAY DAS S/o- RAMSEVAK DAS VILLAGE HISAR, P.S. KHIRAHAR, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Benipatti P.S. Case No. 257/2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

765 litres of liquor is said to have been recovered from a pick-up van of which the petitioner is the owner. An

Patna High Court CR. MISC. No.12253 of 2021(2) dt.23-12-2021 2/3 arrested accused persons disclosed the name of the petitioner as the owner of the vehicle.

The learned counsel for the petitioner has submitted that the vehicle was being run on commercial basis with clear instruction to the driver and agent not to use it for any authorized purpose. That liquor was carried / transported in the such vehicle was not known to to the petitioner.

The petitioner has clean antecedents.

On these grounds, it has been urged that the offence under the Excise Act cannot be said to have been made out as against the petitioner.

For the reason afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Madhubani, in connection with Benipatti P.S. Case No.

Patna High Court CR. MISC. No.12253 of 2021(2) dt.23-12-2021 3/3 257/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T