Patna High CourtCR. MISC./8024/2020allowed

Deep Narayan Chaudhari v. The State Of Bihar

2020-03-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8024 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- FULKAHA District- Araria ====================================================== DEEP NARAYAN CHAUDHARI Son of Late Mahanthi Chaudhari Resident of Kumarganj, Ward No. 12, Tharpitiyan, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Special Case No. 1485 of 2019 arising out of Fulkaha P.S. Case No. 170 of 2019 for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is that the vehicle of the petitioner was used in carrying liquor. In the instant case a total of 107 litres was seized. It appears from Annexure-2 that the driver of the vehicle reported the owner about the snatching of the vehicle and on enquiry the complaint of snatching of vehicle was found incorrect.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The entire act of carrying liquor was done by the driver and his associate, keeping the

Patna High Court CR. MISC. No.8024 of 2020(2) dt.02-03-2020 2/2 petitioner in complete dark.

Considering the fact that petitioner has no criminal antecedent and he is only the owner of the vehicle which was allegedly used for carrying liquor, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-cumSpecial Judge, Araria in connection with Special Case No. 1485 of 2019 arising out of Fulkaha P.S. Case No. 170 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T