Ashok Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32739 of 2014 Arising Out of PS.Case No. -98 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ======================================================

1. Ashok Prasad son of Jamuna Prasad resident of village - Bhawanipur, P.S. Sangrampur, District - East Champaran

2. Sujeet Kumar son of Late Chandra Bhushan Rai resident of village - Choupar Madan, P.S. Bochahan, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Excise Case No. 98 of 2013 registered under Section-47(A) of the Excise Act.

Petitioners claim themselves to be owners of the trucks from which, several drums containing sprit were seized. The contention on behalf of the petitioners is that they were not aware about the loading of aforesaid sprit on their respective trucks and as a matter of fact, it were drivers of the aforesaid trucks, who got loaded the spirit on their respective

Patna High Court Cr.Misc. No.32739 of 2014 (2) dt.09-02-2015 2/2 trucks and the drivers have already been granted privilege of bail by learned court below itself.

Considering the aforesaid facts and circumstances as well as submission of the parties, this petition filed in connection with Excise Case No. 98 of 2013 stands rejected. However, if, petitioners surrender in the court below and seek regular bail within four weeks from today, the regular bail application of the petitioners shall be considered on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) A.K.V./- U T