Ashok Rai @ Ashok Singh @ Ashok Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1119 of 2017 (2) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1119 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Ashok Rai @ Ashok Singh @ Ashok Kumar, son of Birat Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Complaint Case No. C2-321 of 2016 registered under Section 30(a) of the Bihar Excise Act.

The accusation is of recovery of 168.7 litres of Nepali Saufi Liquor from the auto rickshaw, which was being driving by the petitioner.

Learned counsel for the petitioner submits that petitioner was simply driver of the auto rickshaw hence he had no knowledge about keeping of Nepali Saufi Liquor in the cartoon, which was loaded in the auto rickshaw. It is further submitted that petitioner has no criminal antecedent and is in custody since 18.10.2016.

Patna High Court Cr.Misc. No.1119 of 2017 (2) dt.13-01-2017 Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Complaint Case No. C2-321 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T