Suresh Prasad Rahul @ Suresh Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.53490 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53490 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -PAKRIDAYAL District- EAST CHAMPARAN(MOTIHARI) ====================================================== SURESH PRASAD RAHUL @ SURESH PRASAD, Son of Gopi Sah, resident of village - Madhuban, P.S. Madhuban, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Pakarideyal P.S. Case No.40 of 2016 for allegedly having committed the offence under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Excise Act.

Learned counsel for the petitioner submits that though the petitioner is only the owner of the pick-up van, which had been hired for carrying 1824 litres of country made liquor, which admittedly belonged to one Rajeev Kumar (licensed holder), there is no allegation against the petitioner. It is further submitted that the petitioner has no criminal

Patna High Court Cr.Misc. No.53490 of 2016 (2) dt.20-12-2016 antecedents.

In view of the aforementioned facts and circumstances and that admittedly he was only the owner of the pick-up van and not the owner of the country made liquor in question, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 5th Additional Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pakarideyal P.S. Case No.40 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T