Ramviriksh Mochi @ Ramviriksh Das @ Ramviriksh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37174 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MARANCHI District- Patna ====================================================== Ramviriksh Mochi @ Ramviriksh Das @ Ramviriksh Ram, Aged about 45 years, Male, Son of Ram Vilash Mochi, Resident of Village Aunta Chamartoli, Ward No.9, P.S. Hathidah Mokama, District Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2019 Heard both sides.

Petitioner apprehends his arrest in Maranchi P.S. Case No.37 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The gist of the allegation is that the informant intercepted an auto-rickshaw bearing Registration No. BR01PH7822 and 30 litres of country made liquor was recovered but the driver of the auto-rickshaw managed to flee away. The police lodged the case against the unknown driver and owner of the auto-rickshaw.

Learned counsel for the petitioner submits that the petitioner is the owner of the auto-rickshaw. The driver of the auto-rickshaw was plying the auto-rickshaw for carrying the

Patna High Court CR. MISC. No.37174 of 2019(2) dt.18-06-2019 2/2 passengers but without knowledge of the petitioner, the driver of the auto-rickshaw was illegally carrying country made liquor. Taking into consideration the facts that petitioner is the owner of the auto-rickshaw and he was not plying the autorickshaw, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 the learned Special Judge, Excise, Patna in connection with Maranchi P.S. Case No.37 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T