Rajnees Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18128 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== RAJNEES KUMAR Son of Dinesh Thakur Resident of Village - Patahi Roop, P.S.- Sadar , Dist.- Muzaffarpur (Owner of the seized Vehicle). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Karza P.S. Case No. 30 of 2019, registered for the offence punishable under Section 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.

35.25 litres of foreign liquor is said to have been recovered from Bolero vehicle and driver of the vehicle was severely injured. Petitioner is alleged to be the owner of

Patna High Court CR. MISC. No.18128 of 2020(2) dt.16-09-2020 2/2 said vehicle.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner is simply the owner of vehicle in question. Petitioner has given his vehicle on hire. Petitioner has no concern with the illicit liquor. Petitioner has got no knowledge about the liquor which was loaded on this vehicle. The provision of section 100 Cr.P.C has not been followed. The petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, 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 the learned Special Judge, Excise Act, Muzaffarpur in connection with Karza P.S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T