Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68228 of 2018 Arising Out of PS. Case No.-197 Year-2016 Thana- KAKO District- Jehanabad ====================================================== Bhola Kumar, Son of Sri Ram Niwas Sharma, Resident of VillageChainpura, Police Station- Parasbigha, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Murari Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Kako P.S. Case No.197 of 2016 for offences under Sections 30(a), 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that his truck has been used in transportation of liquor. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. The petitioner assures that henceforth he will take personal care in movement of the truck and that his truck may not be used in future for carrying liquor or any contraband.

Considering the aforesaid, the court is inclined to

Patna High Court Cr.Misc. No.68228 of 2018(2) dt.14-12-2018 2/2 enlarge the petitioner on anticipatory bail. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Jehanabad, in connection with Kako P.S. Case No.197 of 2016, subject to the conditions as laid down under Section 438(2) Cr. P. C.

If the truck of the petitioner is found carrying contraband or liquor in future, the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) spandey/- U T