Gul Sanobar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33085 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- DHURAIYA District- Banka ====================================================== Gul Sanobar Ali Son of Alauddin, Resident of Village - Rasalpur Dahla, Ward No. 16, Sahebganj, P.S.- Sahebganj, Distt - Sahebganj (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.
The petitioner apprehends his arrest in Dhoraiya P.S. Case No.200 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The police intercepted a motorcycle bearing registration no.JH18C-8496 and apprehended three persons, namely, Sahansah Mansuri, Md. Irshad Mansuri and Abdul Hafiz Mansuri and 2 litres country made liquor made of mahua was recovered from the lap of Md. Irshad Mansuri. Learned counsel for the petitioner submits that Sahansah Mansuri happens to be the nephew of the petitioner and he had taken motorcycle of the petitioner. Since the petitioner is the owner of the vehicle, the petitioner has been made accused during course of investigation.
Patna High Court CR. MISC. No.33085 of 2019(2) dt.20-05-2019 2/2 Having considered the facts that Sahansah Mansuri (the nephew of the petitioner) had taken the motorcycle of the petitioner and he was apprehended along with two others and only 2 litres country made liquor made of mahua was recovered but the petitioner has been made accused only on the ground that he is the owner of the vehicle, the above named petitioner, in the event of his arrest or surrender before the learned 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 learned Additional Sessions Judge II, Banka in connection with Dhoraiya P.S. Case No.200 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T