Patna High CourtCR. MISC./46619/2016bail granted

Kamdeo Kumar Daha v. The State Of Bihar

2016-12-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46619 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Kamdeo Kumar Daha son of Ram Lakhan Daha, resident of VillageSinghia Ghat, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh, Adv. For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.

The petitioner apprehends his arrest in Tajpur P.S. Case No. 252/2016, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act and Section 54, 57 of New Bihar Excise (Amendment) Act.

The police seized three vehicles bearing registration nos. BR1P-7962, BR33GA-0523 and BR06K-8194. Foreign liquor was loaded on the vehicles. The driver of one of the vehicle disclosed that petitioner is the owner of BR33GA-0523.

It is submitted that the petitioner has handed over his vehicle to Manoj Kumar Das on monthly fare and Manoj Kumar Das without the consent of the petitioner was loading foreign

Patna High Court Cr.Misc. No.46619 of 2016 (2) dt.05-12-2016 2/2 liquor on his vehicle for carrying.

Considering the facts aforesaid and the fact that petitioner being the owner of the vehicle was not present on the place of occurrence and the driver was plying the vehicle on road and he was apprehended on the spot, the petitioner above-named, in the event of his arrest or surrender before the 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 Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 252/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T