Patna High CourtCR. MISC./6130/2019bail granted

Kishore Prasad Das v. The State Of Bihar

2019-02-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6130 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- BARSOI District- Katihar ====================================================== KISHORE PRASAD DAS aged 34 years, Male, S/o Late Saryug Prasad Das Resident of Barsoi, Bajar, P.S.- Barsoi, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2019 Heard both sides.

The petitioner apprehends his arrest in Barsoi P.S. Case No.346 of 2018 registered under Sections 30(a) of Bihar Prohibition and Excise Act.

One motorcycle was intercepted from which about 9 liters of country made liquor was recovered. The informant alleged that the seizure list witnesses and other witnesses disclosed that petitioner is the owner of the motorcycle and he was driving the motorcycle.

The learned counsel for the petitioner submits that petitioner is neither the owner of the motorcycle nor he was driving the motorcycle. Investigating Officer did not collect any material to show that the owner book of the motorcycle stand in the name of the petitioner.

Patna High Court Cr.Misc. No.6130 of 2019(2) dt.04-02-2019 2/2 Taking into consideration the facts that on verification, it has not been found that petitioner is the owner of the motorcycle, 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.II-cum-Special Judge, Katihar in connection with Barsoi P.S. Case No.346 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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