Binnet Kumar Sharma @Bineet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23960 of 2017 Arising Out of PS.Case No. -265 Year- 2016 Thana -HISUA District- NAWADA ====================================================== Binnet Kumar Sharma @ Bineet Sharma Son of Raman Kumar Sharma, Resident of 42- B, Jawahar Market Nangal Dum (Pb), P/S- Nangal Dum, District- Ropar. (Punjab).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-07-2017 Heard Sri Alok Kumar Alok, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is owner of a truck bearing registration no. PB12M/8725 and resident of district Ropar (Punjab), has approached this Court with a prayer to extend the privilege of anticipatory bail in Hisua P.S. Case No. 265 of 2016 registered for offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

It was submitted by learned counsel for the petitioner that the petitioner is the registered owner of a public transport vehicle, which was hired by a transport agency and transport agency had booked medicine for transporting the same from Haryana to Bihar. By way of referring to F.I.R., learned counsel for the petitioner submits that the driver, who was

Patna High Court Cr.Misc. No.23960 of 2017 (3) dt.13-07-2017 2/2 apprehended by the police, had disclosed before the police that after loading medicines, while he was moving on a way, on allurement, he had loaded Indian make foreign liquor and thereafter, truck was seized and the driver and the cleaner were made accused. He submits that petitioner has been made accused only on the ground that he is registered owner of the vehicle. Considering the fact disclosed in the petition and submission made by learned counsel for the petitioner that petitioner is the owner of the public carrier vehicle, which was hired by a transporter as well as disclosure of the accused, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Binnet Kumar Sharma @ Bineet Sharma 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 C.J.M., Nawada in connection with Hisua P.S. Case No. 265 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T