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Patna High CourtCR. MISC./7038/2020allowed

Srikant Sah v. The State Of Bihar

2020-02-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7038 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Srikant Sah Son of Rasik Sah Resident of Village- Gouripur, Ranuchak, Makandpur, P.S.- Akbarnagar, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Excise Complaint Case No. 135 of 2019 for the offence under sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act,2018.

Learned counsel for the petitioner submits that petitioner was unaware of the fact that Scorpio vehicle was used for carrying liquor. He has been made accused in this case because he is owner of the Scorpio vehicle. In fact, son of the petitioner was carrying liquor and he has used the vehicle for transportation of the liquor.

Considering the aforesaid, the Court is inclined to

Patna High Court CR. MISC. No.7038 of 2020(2) dt.28-02-2020 2/2 grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, II, Banka, in connection with Excise Complaint Case No. 135 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T