Manoj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70671 of 2018 Arising Out of PS. Case No.-335 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Manoj Kumar Dubey S/o Omkar Nath Dubey resident of Village- Jawahi Diyara, P.S. Brahampur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Mohan Tripathi For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shahpur P.S. Case no. 335 of 2017, registered under Section 30(a) of the Bihar Excise Act.

The accusation is of recovery of 32.4 liters of India made foreign liquor kept in different bottles from the vehicle bearing Reg. No. DL3CBM6923 in which Dharmendra Kumar Choubey, Prabha Shankar Choubey, Kamlesh Ram and Sujit Kumar Dubey were found sitting. The apprehended persons disclosed the name of petitioner as owner of the vehicle.

Learned counsel for the petitioner submits that, in fact, the vehicle in question was purchased by Omkar Nath

Patna High Court Cr.Misc. No.70671 of 2018(3) dt.29-01-2019 2/2 Dubey, father of the petitioner, but subsequently, the said vehicle was sold by the father of the petitioner to Sheikh Saraj and the papers of owner book was also transferred in the name of Sheikh Saraj on 26.05.2017, while the vehicle is said to be seized on 10.12.2017. Further submission is that the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeIV-cum-Special Judge, Bhojpur at Ara in connection with Shahpur P.S. Case No. 335 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T