Suresh Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65743 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Suresh Upadhyay, S/o Late Ram Bachan Upadhyay, Resident of VillagePitadh, P.S.- Agioan Bazar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Dawath P.S. Case No. 103 of 2018 for the offence under sections 30(a)/35/38 of the Bihar Prohibition Act, 2016. Learned counsel for the petitioner would submit that the petitioner is owner of the vehicle. He has no criminal antecedent. He submits that he was not aware of the fact that driver and others have used the vehicle for transportation of illegal liquor.

Considering the fact that petitioner has no criminal antecedent and he was not indulged in the activities of carrying illegal liquor, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four

Patna High Court Cr.Misc. No.65743 of 2018(2) dt.13-12-2018 2/2 weeks from the date of receipt/production of a copy of this order, 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 learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Rohtas, Sasaram, in connection with Dawath P.S. Case No. 103 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T