Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48220 of 2016 Arising Out of PS.Case No. -303 Year- 2012 Thana -CHANDAUTI District- GAYA ====================================================== Sudhir Kumar, son of Bindeshwari Paswan, resident of Village- Khaneta, P.S.- Belaganj, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prithivi Raj Singh, Advocate For the Opposite Party : Mr. Smt. Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for State.

The petitioner prays for anticipatory bail in connection with Chandauti P.S. case no. 303 of 2012 registered for the offences punishable under Sections 290, 419, 420 and 34 of the Indian Penal Code and 47(A) of Excise Act. It has been submitted on behalf of petitioner that petitioner is only the driver of the van from which recovery of liquor was made and except that there is nothing against the petitioner. He is not named in the F.I.R. and there is no involvement of the petitioner.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48220 of 2016 (2) dt.16-12-2016 2/2 Having heard both sides and after perusing the impugned order itself which clearly shows that the charge sheet has been submitted, let the abovenamed petitioner be surrender before the court below and the court below after verifying from the case diary that except the fact that the petitioner is a driver of the said van, nothing has been recovered from his conscious possession and after considering the aforesaid fact, let the court below will pass appropriate order preferably on the same day. (Vinod Kumar Sinha, J.) rinkee/- U T