Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.697 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- KOILWAR District- Bhojpur ====================================================== Dhananjay Singh aged 26 years(M), S/o Late Kameshwar Singh, Resident of Vill.-Kuiya, P.S.-Barhra, Dist.-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2019 Heard both sides.

The petitioner apprehends his arrest in Koilwar P.S. Case No.18 of 2017 registered under Sections 30(A) and 56(D) of Bihar Prohibition and Excise Act.

The informant intercepted two trucks bearing registration No.JH-02L-8905 and another truck bearing registration No.UP-60H-9851. The driver of truck No.JH-02L8905 disclosed that Chunchun Singh was plying the truck. From the truck, huge quantity of liquor was recovered. The learned counsel for the petitioner submits that seven persons are named in the F.I.R. Petitioner is not named in the F.I.R. The name of the petitioner surfaced in the case during the course of investigation on the basis of the fact that the petitioner is the owner of truck bearing registration No.JH-02L-

Patna High Court Cr.Misc. No.697 of 2019(2) dt.16-01-2019 2/2 8905. It is submitted that driver of the truck disclosed at the time of seizure of the truck that Chunchun Singh was plying the truck on hire. Petitioner had handed over the truck to Chunchun Singh but he was illegally using the truck for transporting liquor.

Considering the fact that petitioner had already handed over the truck to Chunchun Singh for plying the truck on hire and driver at the time of search and seizure disclosed that Chunchun Singh was plying the truck, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. IVcum-Special Judge, Excise, Bhojpur at Ara in connection with Koilwar P.S. Case No.18 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T