Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30697 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Sachin Kumar S/o Birju Yadav, R/o Vill.- Sakara, P.S.- Garhpura, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Hasanpur P.S. Case No. 142 of 2017, registered for offences punishable under Sections 30(a)/47 of Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of 1 1⁄2 litre of foreign liquor from the car and recovery of 750 ML of foreign liquor from the dickey of splendor motorcycle.
It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather the recovery was made from the car and dickey of the motorcycle, which is evident from seizure list and petitioner is
Patna High Court Cr.Misc. No.30697 of 2018 (2) dt.04-06-2018 2/2 neither owner of the car nor the owner of motorcycle and has nothing to do with the alleged recovery.
Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Cum Special Judge, Excise, Samastipur, in connection with Hasanpur P.S. Case No. 142 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) sunil/- U T