Sanjay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15695 of 2019 Arising Out of PS. Case No.-586 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== SANJAY PATEL Son of Dwarika Prasad Resident of Village - Bhitha Mathiya, P.S. Bairiya, District - West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Bettiah Muffasil P.S.Case no.586 of 2018 , registered for offences punishable under Sections 30(a), 31, 35, 38, 41 and 56(D) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 928 and odd ltrs. of foreign liquor from the Duster vehicle of one coaccused Santosh Patel. Santosh Patel and Manoj Patel were arrested and they disclosed the name of the petitioner. Submission of the learned counsel for the petitioner is that he has been made accused and nothing has been recovered from his possession as well as the vehicle does not belong to the petitioner.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.15695 of 2019(2) dt.26-03-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge West Champaran at Bettiah in connection with Bettiah Muffasil P.S.Case No.586 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T