Jitendra Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16500 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Jitendra Kumar Roy, son of Sitaram Roy, resident of Village- Dharampur Ram Ray, P.S.- Desri (Chandpura O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Bidupur P.S. Case No. 518 of 2018 dated 26.11.2018 instituted for the offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

From a vehicle which was being driven by one Kundan Singh, who ran away seeing the Police Party, 684 litres of liquor was recovered.

For the petitioner being the owner of the aforesaid vehicle, he is sought to be prosecuted in

Patna High Court CR. MISC. No.16500 of 2019(2) dt.15-03-2019 2/3 this case.

The learned counsel for the petitioner has submitted that the vehicle in question was given by the petitioner to his driver for plying the same on commercial basis with the instructions not to violate or breach any law. The driver of the vehicle appears to have bypassed such instructions, which fact was absolutely unknown to the petitioner.

Since there is no recovery from the possession of the petitioner and he is a person of clean antecedents, he, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 518 of 2018, subject to the conditions as laid down under

Patna High Court CR. MISC. No.16500 of 2019(2) dt.15-03-2019 3/3 Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T