Shyam Kumar Rai @ Shyam Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25866 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Shyam Kumar Rai @ Shyam Rai, Son of Suraj Rai, Resident of Village - Harsinghar, P.S.- Sakra, Distt.- Muzaffarpur (Owner Of the Bolero Pick up having registration No.BR-06GC-7377) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Gaighat P.S. Case No.31 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation of recovery of huge quantity of liquor from the truck of the petitioner, who happens to be the owner of the truck.
Submission of the learned counsel for the petitioner is that he has no knowledge about the carrying of liquor by his truck and the driver was responsible for that. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that transporting of liquor, is also an offence under the new Excise Act and as such, prima facie material against the petitioner.
Patna High Court CR. MISC. No.25866 of 2019(3) dt.03-07-2019 2/2 Having heard both sides, in view of the fact that the huge quantity of the liquor recovered from the truck of the petitioner, who happens to be the owner of the truck, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T