Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13183 of 2019 Arising Out of PS. Case No.-253 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Chandan Kumar Son of Late Ganeshar Yadav Resident of Village - Mahua, P.S.- and Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/38(1) of the Bihar Prohibition and Excise Act, 2016.

From the vehicle of the petitioner 40 liters of liquor was allegedly recovered.

Submission is that driver Santosh Kumar was driving the vehicle. The petitioner had no knowledge about the availability of liquor in the vehicle. Santosh Kumar has already been granted regular bail by the Court-below. The petitioner has got no criminal antecedent.

Considering the aforesaid facts, in case driver Santosh

Patna High Court CR. MISC. No.13183 of 2019(2) dt.06-03-2019 2/2 Kumar has been allowed regular bail by the Court-below, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Jokihat Police Station Case No.253 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T