Patna High CourtCR. MISC./7759/2019bail granted

Shiv Kumar v. The State Of Bihar

2019-02-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7759 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== Shiv Kumar Son of Churmani Manjhi, Resident of Gopalganj Pandey Lane Khanjahapur, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2019 Heard both sides.

The petitioner apprehends his arrest in Buniyadganj P.S. Case No.173 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant being S.H.O. of Buniyadganj P.S. intercepted a scooty bearing Registration No.BR02AJ 5047 from which 90 kg mahua flowers was recovered and it is alleged that two persons fled away.

Learned counsel for the petitioner submits that the scooty is a two-wheeler vehicle and three bags containing 90 kg mahua flowers cannot be carried with scooty. The cousin of petitioner took scooty for shopping in the market and the petitioner has been made accused only because petitioner happens to be the owner of the scooty.

Patna High Court Cr.Misc. No.7759 of 2019(2) dt.11-02-2019 2/2 Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Special Excise Judge, Gaya in connection with Buniyadganj P.S. Case No.173 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U