Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9628 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== Santosh Sah, aged about 32 years, Male, Son of Ramswrup Sah @ Sarup Sah Resident of Village Husepur Parani Chhapra, P.S. Sahebganj, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

Petitioner apprehends his arrest in Vaishali P.S. Case No.191 of 2018, registered under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The informant got information that one Ram Kumar illegally used to sell illicit liquor from a government building and when the police went to verify the information, 4-5 persons managed to flee away. The Choukidar identified one person as Ram Kumar. From the government building liquor was recovered. A magic vehicle was also found from which huge quantity of liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is the owner of the magic vehicle. Petitioner was not

Patna High Court Cr.Misc. No.9628 of 2019(2) dt.19-02-2019 2/2 apprehended on the spot. Petitioner had no knowledge about carrying the liquor from his vehicle. The driver of the vehicle was plying the vehicle on hire. Nobody has named the petitioner and stated that petitioner was indulged in selling any illegal liquor.

Taking into consideration the facts that the petitioner is the owner of the magic vehicle bearing registration no.BR06GC/1022 and the vehicle was being plied on hire, let 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 this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Vaishali in connection with Vaishali P.S. Case No.191 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T