Rohit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26445 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Rohit Kumar Singh Son of Karyanand Singh, Resident of Village-Gangra, P.S-Gidhaur, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

The petitioner apprehends his arrest in Case No.38C2 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

On secret information the police intercepted a scorpio vehicle and arrested the driver of the vehicle. The excise official recovered 162 litres of Indian made foreign liquor from the vehicle but one person, who was sitting in the vehicle, is said to have fled away.

Learned counsel for the petitioner submits that even the driver of the vehicle did not disclose the name of the petitioner. The petitioner was not travelling in the vehicle and he is not the owner of the vehicle. The petitioner has falsely been

Patna High Court CR. MISC. No.26445 of 2019(2) dt.23-04-2019 2/2 implicated in the case. From the prosecution report, it would appear that even the driver of the vehicle, who was apprehended in the vehicle, did not disclose the name of the petitioner but the excise official on his own information implicated the petitioner. Having considered the facts and the nature of allegation made against the petitioner and the fact that the excise official did not disclose the source, who disclosed the name of petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 A.D.J. 2nd, Jamui, in connection with Case No.38C2 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T