Patna High CourtCR. MISC./43509/2016bail granted

Vinod Jha v. The State Of Bihar

2016-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43509 of 2016 Arising Out of PS.Case No. -244 Year- 2013 Thana -SITAMARHI District- SITAMARHI ====================================================== Vinod Jha, S/o Late Krishna Chandra Jha, resident of village + P.O. Premnagar, P.S. Runni Saidpur, District - Sitamarhi. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Ankit Kumar & Ravi Kumar, Advocates. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 06-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No.244 of 2013/G.R. No.797 of 2013 registered under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code besides Section 47(A) of the Excise Act.

The accusation is that a Tanker, which was carrying rectified spirit from Riga Sugar Factory to Riga Sugar Company Limited, Country Liquor Manufacturing Unit, Sitamarhi, was intercepted and on its checking, it was found that while s authorization was to carry 12000 B.L. (Bulk Liter) rectified spirit, 18829.26 B.L. (Bulk Liter) rectified spirit was being carried on the Tanker. As such, 6829.26 B.L. (Bulk Liter) excess rectified spirit was being transported to the Tanker. On

Patna High Court Cr.Misc. No.43509 of 2016 (2) dt.06-10-2016 2/2 query, the driver of the Tanker disclosed the name of the owner and Manager of the Riga Sugar Company Limited, Country Liquor Manufacturing Unit, Sitamarhi, as also the name of the petitioner being a clerk of Riga Sugar Company Limited, Country Liquor Manufacturing Unit, Sitamarhi.

Learned counsel for the petitioner submits that owner and Manager of the Riga Sugar Company Limited, Country Liquor Manufacturing Unit, Sitamarhi, have already been granted bail by different Bench of this Court respectively vide order dated 09.04.2015 passed in Criminal Misc. No.38565 of 2013 and vide order dated 29.08.2013 passed in Criminal Misc. No.23293 of 2013. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No.244 of 2013/G.R. No.797 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T