Ashok Kumar Singh @ Ashok Kumar v. The State Of Bihar Through Additional Superintendent Of Police Cum Officer In Charge, Economic Offe

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15779 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== ASHOK KUMAR SINGH @ ASHOK KUMAR S/o Late Bharpur Singh Resident of Gadela, P.O. - Kanhora, P.S. - Roda, District - Rewari (Haryana).

.... .... Petitioner/s

Versus

The State of Bihar Through Additional Superintendent of Police Cum officer-in -charge, Economic offence Unit Bihar Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav, Adv. For the Opposite Party/s : Mr. Rajeev Ranjan Prasad (Eou Unit) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2017 Heard both sides.

The petitioner seeks bail in Economic Offence P.S. Case No. 17/2016, registered for the offences punishable under Sections 30(A), 38 and 41 of Bihar Prohibition & Excise Act, 2016. The informant alleged that petitioner found moving near a line hotel and on being apprehended the petitioner disclosed the name of Vinod Gupta. On enquiry petitioner disclosed that he brought salt and liquor on his own truck bearing registration no. HR-36AA-7737 from Haryana to Sasaram (Bihar). On such information, the truck and the Scorpio escorting the truck was intercepted and huge quantity i.e. 4740 bottles of different brands

of Indian made foreign liquor from the truck was recovered. Learned counsel for the petitioner submits that the petitioner is of course, the owner of the truck, but he was apprehended near a line hotel. The petitioner was not found sitting in the truck in which liquor was being carried. The petitioner is in jail since 21.12.2016.

Mr. Rajeev Ranjan learned counsel for the Economic Offence Unit submitted that petitioner was of course apprehended near a line hotel, but on his disclosure the Scorpio and the truck were intercepted and huge quantity of liquor was recovered. The petitioner being the owner of the truck actively participated in the transportation of the liquor from Haryana to the territory of Bihar. The petitioner has got criminal antecedent and he does not deserve regular bail.

It appears that the petitioner is the owner of the truck and on his disclosure truck and the Scorpio which was escorting the truck was intercepted by the police and huge quantity of foreign liquor was recovered and the petitioner has already remained in jail for about four months.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Economic Offence P.S. Case No. 17/2016. (Prabhat Kumar Jha, J.) Vinita/- U T