Patna High CourtCR. MISC./61701/2018bail granted

Murli Paswan v. The State Of Bihar

2018-10-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61701 of 2018 Arising Out of Case No. 46c2 of 2018 GOVERNMENT OFFICIAL COMP. DistrictLakhisarai ====================================================== Murli Paswan, S/O - Dukhan Paswan, resident of village - Khairadih, Police Station - Birni, District- Giridih (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Amrendra Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Amrendra Kumar, learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Case No. 46c2 of 2018 , registered for the offence under Section 30(a), 32(1), 36, 38(1), 41(1), 41(2) and 56 ( d) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that petitioner is the owner of a Mahindra Pick Up Van which is a public carrier vehicle. The driver of the said vehicle without knowledge of the petitioner was carrying huge quantity of Indian make foreign liquor and the said vehicle was intercepted and driver was arrested who disclosed that liquor which was

Patna High Court Cr.Misc. No.61701 of 2018(2) dt.06-10-2018 2/2 kept in the vehicle was of one co -accused /Umesh Kumar. Petitioner only being owner of the vehicle has been made accused, otherwise there is no other material to connect the petitioner in the case and petitioner is having clean antecedent which fact has been stated in paragraph - 3 of the petition. In view of the facts and circumstances , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner / Murli Paswan be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd cum Special Judge ( Excise ), Lakhisarai / concerned court in connection with Case No. 46c2 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T