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Patna High CourtCR. MISC./594/2019allowed

Vinay Kumar Rai @ Bhula Rai v. The State Of Bihar

2019-01-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.594 of 2019 Arising Out of PS. Case No.-1157 Year-2018 Thana- SONEPUR District- Saran ====================================================== Vinay Kumar Rai @ Bhula Rai S/o Late Dina Rai R/v-Kanhauli Mansipur,P.S-Mahua,Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sonepur P.S. Case No. 1157 of 2018 for the offence under sections 188 and 420 of the Indian Penal Code and Section 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that the petitioner is the driver of the vehicle. He is not in the business of liquor and he was unaware of the fact that the liquor was kept inside the vehicle (truck).

Considering the fact that petitioner is driver of the vehicle and he has no criminal antecedent and he is in custody since 28.11.2018, let the petitioner, named above, be enlarged

Patna High Court Cr.Misc. No.594 of 2019(2) dt.16-01-2019 2/2 on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th A.D.J.-cum-Special Judge, Excise, Saran at Chapra, in connection with Sonepur P.S. Case No. 1157 of 2018 subject to the condition that the bailors of this petitioner should be Sarpanch or Mukhiya and owner of the vehicle (truck). (Anil Kumar Upadhyay, J) Ravi/- U T