Narayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46227 of 2019 Arising Out of PS. Case No.-408 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Narayan Kumar, S/o Ashwini Sharma, R/o village- Chandh, P.S.- Makhdumpur, (wrongly written as Jehanabad in Prosecution report) DistrictJehanabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 408 of 2018, registered under Section 30(a) and 56(b) of the Bihar Prohibition and Excise Act. The accusation is of recovery of 10 cartoons each containing 24 bottles of 375 ml Indian made foreign liquor from the car bearing registration no. UP16AA 2110 belonging to the petitioner.

Learned counsel for the petitioner submits that, in fact, petitioner purchased the vehicle bearing registration no. UP16AA 2110 and the same was handed over to driver, Alok

Patna High Court CR. MISC. No.46227 of 2019(2) dt.30-07-2019 2/2 Kumar, son of Braj Kishore Sharma, R/O Krishna Nagar, Rajabazar, P.S. Jehanabad, Distt.- Jehanabad and the petitioner has no knowledge about carrying the aforesaid illicit liquor in his car and petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, 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, Gaya, in connection with Excise Case No. 408 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T