Banti Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.15395 of 2017 (2) dt.20-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15395 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictKATIHAR ====================================================== Banti Singh ( Owner of Auto Rickshaw ), Son of Late Vijay Singh, resident of village - Gera Bari ( Bazar ), P.S. Korha, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2017 Heard both sides.

The petitioner seeks bail in C.I. Case No. 214/2017, registered for the offences punishable under Sections 30(a), 13 of Bihar Excise Act.

The police intercepted an Auto-Rickshaw and arrested two persons from the vehicle. About 173 litres of beer and whisky were recovered.

Learned counsel for the petitioner submits that petitioner is the owner of the Auto-Rickshaw. He was not driving the vehicle. Bablu Sah @ Babli had taken the Auto-Rickshaw for carrying on the road, but he managed to flee away. The petitioner had no knowledge that the driver was carrying any liquor in the

Patna High Court Cr.Misc. No.15395 of 2017 (2) dt.20-04-2017 Auto-Rickshaw. Ashok Sah has already been enlarged on bail vide order passed in Cr. Misc. 15083/2017.

It is submitted that the learned District & Sessions Judge, Katihar committed error of record in stating that 320 litres of liquor was recovered, but only 173 litres of beer and whisky was recovered, for that the petitioner is in jail since 16.02.2017. Considering the facts aforesaid, the petitioner abovenamed, 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 Chief Judicial Magistrate, Katihar in connection with C.I. Case No.214/2017. (Prabhat Kumar Jha, J.) Vinita/- U T