Dilip Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33252 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dilip Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272, 273, 420/34 of the Indian Penal Code and 47(a) of the Excise Act. 300 liters of spirit were recovered from a truck. Subsequently, the name of the petitioner sprang up as owner of the truck.

It is submitted by learned counsel for the petitioner that the petitioner sold the truck, in question, two months prior to the alleged date of seizure to Siyalal Rai, who has accepted to have purchased the truck of the petitioner but it is not in dispute that actual transfer of ownership was not made. It is further submitted that the seizure has been made from a public carrier

Patna High Court Cr.Misc. No.33252 of 2015 (2) dt.26-08-2015 2/2 and admittedly the petitioner was not present in the truck when the seizure was made.

The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Nautan P.S. Case No.72 of 2014, pending before the learned Chief Judicial Magistrate, Bettiah, West Champaran.

With the above observation, this application is, accordingly, disposed off.

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