Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15389 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- AMBA District- Aurangabad ====================================================== BABAN SINGH Son of Ramsaran Singh Resident of Village - Suja Karma, P.S.- Aurangabad Muffasil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Leelawati Kumari For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise, Act.

The prosecution case got initiated on the basis of written report of Krishna Rai, A.S.I., Amba Police Station submitted to the Station House Officer, Amba Police Station is to the effect on 26.10.2018, during vehicle check, one motorcycle was intercepted being driven by co-accused Ravi Shankar Kumar. On frisking, from the motorcycle, sixty sachets of 200 ml. each illicit country made liquor were recovered. Subsequently, a car was also intercepted which was being driven by co-accused, Zamil Kuraishi from which, 300 litres of illicit country made liquor were recovered. The FIR was registered against co-

Patna High Court CR. MISC. No.15389 of 2019(2) dt.13-03-2019 2/3 accused, Ravi Shankar Kumar and Zameel Kuraishi. Subsequently, during investigation, it transpired that the interceped motorcycle was registered in the name of the petitioner and co-accused, Ravi Shankar Prasad is none else than the son of the petitioner.

It is submitted by learned counsel for the petitioner that admittedly, the petitioner was not driving the motorcycle, rather it was being driven by the son of the petitioner and from whose possession the said recovery was made. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the intercepted motorcycle from which the said recovery has been made was subsequently found registered in the name of the petitioner.

Considering the fact that this is not the case of the prosecution that the petitioner was driving the motorcycle in question, rather it was being driven by the son of the petitioner from whose possession the said recovery has been made, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner

Patna High Court CR. MISC. No.15389 of 2019(2) dt.13-03-2019 3/3 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cumSpecial Judge (Excise), Aurangabad, in connection with Amba P.S. Case No.94 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T