Dinesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.33579 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33579 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Dinesh Kumar S/o Ram Dyal Prasad Singh R/o Village - Sadarpur, Sector - 45, Noida P. S. Sector 39 Noida, District- G.B. Nagar, Noida. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 257 of 2017, registered for the offences under Sections 30(a), 32(2), 41(1) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery 315.92 liter from Tata 407, Alto car and a Truck.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession and not arrested on the spot. It has been further submitted that petitioner is owner of the seized truck and said truck was given to transport agency for transporting of medicine and the petitioner is

Patna High Court Cr.Misc. No.33579 of 2018 (2) dt.07-06-2018 no way concern with the alleged seized wine and he had made accused in this case only due to the owner of the truck. The petitioner has nothing to do with the alleged recovered articles and he has no concern with the seized materials.

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 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd-cum-Special Judge, Vaishali at Hajipur in connection with Lalganj P. S. Case No. 257 of 2017, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) Ved/Rajeev N.H./- U T