Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9089 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== Arvind Kumar Singh Son of Late Lalan Prasad Singh, Resident of villageBalthi Narsingh Nahar, P.S. - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-02-2019 Heard both sides.

The petitioner apprehends his arrest in Shyampur Bhatahan P.S. Case No.130 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The police intercepted a vehicle from which Indian made foreign liquor of different brands was recovered. Two persons, namely, Santosh Kumar Yadav and Mohan Rai were arrested and they disclosed the names of petitioner and other two accused persons, namely, Lalbabu Rai and Rajeev Pandey. Learned counsel for the petitioner submits that the petitioner has, of course, purchased the vehicle but the owner book of the vehicle has not been transferred in the name of

Patna High Court Cr.Misc. No.9089 of 2019(2) dt.15-02-2019 2/2 petitioner. It is further submitted that the petitioner had given the vehicle to Santosh Kumar Yadav for bringing his wife but Santosh Kumar Yadav, who was apprehended with vehicle, was carrying liquor.

Having considered the fact that the petitioner, of course, being the owner of the vehicle was not apprehended on the spot and the petitioner had given the vehicle to Santosh Kumar Yadav for bringing his wife, 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 Additional Sessions Judge II-cum-Special Judge, Sheohar in connection with Shyampur Bhatahan P.S. Case No.130 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