Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14377 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== AJAY CHAUDHARY Son of Late Kesar Chaudhary Resident of Village - Budhani Bazar Kesapi, P.S.- Dobhi, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Magadh University P.S. case No. 69/2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The police got information that one person was bringing liquor on a motor cycle. The police intercepted the motor cycle and apprehended the person who disclosed his name as Manish Kumar. 10 bottles of Indian made foreign liquor, each containing 375 ml of Indian made foreign liquor, was recovered from the dickey of the motor cycle. The petitioner is made accused in the case on the basis of the fact that petitioner is owner of the motor cycle.

Patna High Court CR. MISC. No.14377 of 2020(2) dt.12-06-2020 2/2 The learned counsel for the petitioner submits that Manish Kumar is cousin of the petitioner and Manish Kumar borrowed the motor cycle of the petitioner for purchasing medicine but he was bringing the liquor on the motor cycle keeping the same in dickey. It is submitted that petitioner had no knowledge that Manish Kumar was bringing liquor on his motor cycle and petitioner was made accused only being the owner of the motor cycle.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya, in connection with Magadh University P.S. case No. 69/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T