Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29285 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== AJIT KUMAR Son of Lakshman Prasad Yadav Resident of Village- Gurda Ghaush Nagar, P.S.- Mahindwara, District- Sitamarhi- 843117 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with G.O. Case No. 05/2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
As per the prosecution case, 4709.520 litres of foreign liquor was being unloaded from a truck to three small vehicles bearing Registration No. Tata 407-06G-6591 and Bolero Pick Up Van bearing its Registration No. BRO6GD 7348 and coaccused Satyam Kumar was arrested who was driver of the Pick-up van bearing its Registration No. BRO6GD 0179. It is submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No. 29285 of 2020(3) dt.20-01-2021 2/2 petitioner has been made accused simply because he is the owner of the pick-up van and nothing has been recovered from the conscious possession of the petitioner. It is further submitted that without the knowledge of the petitioner, wine was being loaded by the driver.
Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Sitamarhi, in connection with G.O. Case No. 05/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Prabhat Kumar Singh, J) Saif/- U T