Bhola Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34060 of 2022 Arising Out of PS. Case No.-431 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Bhola Soni S/O Kailash Pd. Soni R/O Village- Haldi Patti Gandi Road Dhansar, P.S.- Dhanbad, Distt.- Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 495 litres of Indian made Foreign Liquor from a pick-up van. The driver of the vehicle namely Deepak Kumar was apprehended. The petitioner is owner of the alleged pick-up van. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.34060 of 2022(2) dt.23-09-2022 2/3 possession of the petitioner. The name of the petitioner has come only because he is the owner of the said vehicle. The petitioner has given the vehicle to the driver for his livelihood and he has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 40,000/-(Rupees Forty Thousands) in the District Legal Services Authority, Begusarai.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court, 1st, Begusarai in connection with Barauni P.S. Case No. 431 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.34060 of 2022(2) dt.23-09-2022 3/3 Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 40,000/-(Rupees Forty Thousands) in District Legal Services Authority, Begusarai.

(Sunil Kumar Panwar, J) Shageer/- U T