Gulab Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44166 of 2016 Arising Out of PS.Case No. -192 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Gulab Kumar Mehta, son of Late Ram Prasad Mehta, Resident of VillageBachanu Chakela, P.S.- Ratanpur, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Birpur P.S. Case no. 192 of 2016, registered under Section 47(A) of the Bihar Excise (Amendment) Act, 2016.

The accusation is that in course of search of Bolero vehicle bearing Reg. No. BR-115-8284, which was driven by its driver, namely, Umesh Kumar Mehta, 1189 bottle of Golden Glob Titinic each bottle containing 180 ML, 382 bottle of Golden 09K each containing 180 ML, 96 bottle of Queen merry Gold each containing 180 ML and 176 Sofy each containing 300 ML, of foreign liquor were recovered. On query, driver Umesh Kumar Mehta disclosed that the seized liquor was loaded by this petitioner for unloading the same at Pratapgarh.

Learned counsel for the petitioner submits that it would

Patna High Court Cr.Misc. No.44166 of 2016 (2) dt.21-10-2016 2/2 appear from the F.I.R. itself that driver Umesh Kumar Mehta disclosed the name of this petitioner stating that he loaded the seized bottle of liquor for unloading the same at Pratapgarh, but from the statement of the driver Umesh Kumar Mehta and Panchnama, it appears that unknown person loaded the bottles of liquor and name of that person was not been disclosed. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Birpur (Supaul) in connection with Birpur P.S. Case No. 192 of 2016, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T