Patna High CourtCR. MISC./35214/2019bail granted

Ramhridaya Yadav v. The State Of Bihar

2019-05-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35214 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== RAMHRIDAYA YADAV Son of Sukhderan Yadav Resident of village11237/5 Dori Balan, Manakpura, Ramnagar, P.S.- Karolibagh, DistrictCentral Delhi, New Delhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 03.05.2019 in a case registered for the offences punishable under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from a truck, 898.560 litres of Indian Made Foreign Liquor were recovered. The petitioner is the owner of the alleged truck.

It is submitted by learned counsel for the petitioner that the petitioner is the owner of the alleged truck and the truck was being driven by the driver, who has been apprehended from spot and it was truck driver and cleaner who loaded the consignment. The petitioner was not aware about the consignment being

Patna High Court CR. MISC. No.35214 of 2019(2) dt.29-05-2019 2/2 transported by his truck. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the truck of the petitioner.

Considering the fact that the petitioner was not found travelling by the alleged truck through which the recovery has been made and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Gopalganj in connection with Kuchaikot P.S. Case No. 11 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T