Sita Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25130 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- GUTHANI District- Siwan ====================================================== Sita Ram Yadav S/O Late Chandeshwar Yadav Resident of Village- Singpur Pachbaniya Tola, P.S.- Assaon, District- Siwan (owner of motorcycle bearing registration no. BR- 29U-3745) ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Guthani P.S. Case no.281 of 2018 registered under Section 30 (a), 38 (1) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

3.960 liters of foreign liquor is said to have been recovered from the dicky of the motorcycle of the petitioner and its driver managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. Though the petitioner happens

Patna High Court CR. MISC. No.25130 of 2019(2) dt.19-04-2019 2/2 to be owner of the said motorcycle but he has given the said motorcycle for repairing to mechanic and he had no knowledge of carrying the liquor in the said motorcycle by the said mechanic. He was not apprehended on the spot. He 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge Excise Act, Siwan in connection with Guthani P.S. Case No. 281 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T