Sunil Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2333 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Sunil Upadhyay, S/O Late Brij Bihari Chand Upadhyay @ Bihari Chand Upadhyay, resident of village Pitath, P.S. - Agiaon Bazar, District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

From a truck, liquor was being unloaded near the house of Surendra Singh. Some other small vehicle was lying there and it was suspected that the unloaded liquor was to be carried on that vehicle. One of the vehicles was of the petitioner. Submission is that petitioner has got no criminal antecedent and the driver had taken the said commercial vehicle without consent of the petitioner.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of

Patna High Court Cr.Misc. No.2333 of 2019(2) dt.17-01-2019 2/2 receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Nawa Nagar (Sonevarsa) Police Station Case No. 198 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Rajan U T