Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20400 of 2020 ========================================================== Ratnesh Kumar, aged about 29 years, male, Son of Ashok Yadav @ Ashok Kumar Yadav, R/o Village-Sakarpura, P.S.-Madhepura, Distt.-Madhepura. ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the State : Mr. Anand Mohan Mehta, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 24/07/2020 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Anand Mohan Mehta, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Complain Case No. 129 of 2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It appears from the First Information Report that 234 litres of liquor was recovered from a vehicle which was being driven by one Nikhil Kumar Yadav. Aforesaid Nikhil Kumar Yadav is said to have disclosed the name of the petitioner as the owner of the vehicle as also of the consignment of liquor.

It has been submitted on behalf of the petitioner that he had given the vehicle in question to be plied commercially to Nikhil Kumar Yadav, who, without his instruction, has attempted to carry liquor in the vehicle.

The petitioner claims to be a person of clean antecedent. Considering the facts afore-stated, the petitioner above-named, in the event of his arrest/surrender before the Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

satisfaction of learned Addl. Sessions Judge-II, Banka in connection Excise Complain Case No. 129 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T