Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29138 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- SAHAR District- Bhojpur ====================================================== Shambhu Kumar, S/o Bhagwat Sah, Resident of Village-Makhdumpur Kavir, P.S-Arwal, District-Arwal.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30(A) and 30(E) of the Bihar Excise Act and Section 3 of the Bihar Excise (Mahua Flowers) Rules.

As per the prosecution case, 80 Kg Mahua and 10 Kg Raj Ratan Detergent power has been recovered from pick-up van of which petitioner is the registered owner. It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and without his knowledge, vehicle has been used by the driver for illegal purpose. As per the paragraph no.3 of the bail petition, petitioner has got clean antecedent.

Patna High Court CR. MISC. No.29138 of 2020(2) dt.03-12-2020 2/2 Learned counsel for the State, on the other hand, opposes the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above 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 the learned Additional Sessions Judge-IV-cum-Special Judge, Excise, Bhojpur at Ara in Sahar Police Station Case No. 8102 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T