Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45279 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== APPU KUMAR S/O Chhotan Jaishwal Resident of Village- Bihiya Raza Bazar, Ward No. 7, P.S. Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihiya P.S. Case No.84 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, on receiving the information about selling of the liquor by the petitioner, keeping the same on white colour Indica Car at Bihiya Bazar, the informant along with other police personnel reached there and saw a white colour old Indica Car bearing Registration No.JH10T-1188 parked there. On query, the informant and other police personnel came to know that the said vehicle is belonging to this petitioner. On search of the said

Patna High Court CR. MISC. No.45279 of 2019(3) dt.30-09-2019 2/2 vehicle, 45 bottles, each containing 180 ml. Indian Made Foreign Liquor, were recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was not apprehended from the vehicle nor he is the owner of the seized vehicle but with an ulterior motive, some persons disclosed the name of the petitioner as the owner of the seized vehicle. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV, Bhojpur at Ara, in connection with Bihiya P.S. Case No.84 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T