Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4972 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Bhola Yadav S/o Subash Singh, R/o Village- Gijna, P.S.- Jamhore, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1, APP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-02-2018 Heard both sides.

The petitioner apprehends his arrest in Jamhore P.S. Case No. 115 of 2017, registered under Sections 30(A), 38(i) of the Bihar Prohibition and Excise Act, 2016.

The informant intercepted a vehicle bearing Registration No. JH 10AC 5004 and found 50 litres of India made foreign liquor in the vehicle.

The learned counsel for the petitioner submits that the petitioner is the owner of the vehicle but he was not inside the vehicle at the relevant time. The vehicle was being driven by the driver but the petitioner has also been made accused in this case only because he happens to be owner of the vehicle. Considering the facts aforesaid and the nature of

Patna High Court Cr.Misc. No.4972 of 2018 (2) dt.01-02-2018 2/2 allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to 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 the learned Special Judge (Excise), Aurangabad, in connection with Jamhore P.S. Case No. 115 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) khushbu/- U T