Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49955 of 2016 Arising Out of PS.Case No. -396 Year- 2016 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chandan Kumar, Son of Brajesh Kumar, R/o Naya Bazar Chowk, P.S. Bettiah ( Town ) District West Champaran at Present R/o Village - West Kargahiya, P.S. Bettiah ( Town ), District West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No. 396 of 2016, registered for the offence punishable under Section 47(A) of Bihar Excise (Amendment) Act.

Allegedly, from the motorcycle bearing registration No. BR-22X-7775, 65 bottles of foreign liquor each containing 180 M.L. was recovered and accordingly against the driver of that motorcycle the case has been registered.

Submission is of false implication and that petitioner has not been arrested at the spot, nothing has been recovered from his conscious possession, the petitioner is the owner of the said motorcycle, possession simpliciter of foreign liquor was not banned by the State Government on the date of occurrence and, as such,

Patna High Court Cr.Misc. No.49955 of 2016 (2) dt.16-12-2016 2/2 no offence as alleged is made out. The learned counsel for the petitioner has cited the ruling reported in 2016(2) P.L.J.R., page 919 in the matter of Ram Sumir Sharma Vs. The State of Bihar. The learned A.P.P. submits that one person was going with the motorcycle taking the liquor and after seeing the police personnel succeeded in fleeing away after leaving the motorcycle.

In the facts and circumstances as stated above, considering that possession simpliciter of foreign liquor has not been banned by the State Government and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, in connection with Bettiah Town P.S. Case No. 396 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T