Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30914 of 2018 Arising Out of PS. Case No.-192 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== Rahul Kumar, S/o Mahendra Prasad, R/o Vill.- Khemnichak, P.S.- Ram Krishna Nagar, District- Patna, Permanent Address at East Lohanipur, Bhushan Gali, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Lalganj P.S. Case No.192 of 2017 registered under Sections 30(A), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
The accusation is of recovery of 60 bottles, each containing 750 ml. Indian Made Foreign Liquor, from the tempo, belonging to this petitioner, which was being driven by Anshu Kumar.
Learned counsel for the petitioner submits that, in fact, the petitioner is the owner of the seized tempo, which was being driven by Anshu Kumar, and this petitioner had no
Patna High Court Cr.Misc. No.30914 of 2018(2) dt.11-06-2018 2/2 knowledge about carrying of the Indian Made Foreign Liquor on the tempo by the driver. 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 Additional Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur, in connection with Lalganj P.S. Case No.192 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T