Umesh @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40644 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Umesh @ Umesh Kumar Son of Late Prem Sagar Singh, Resident of Village - Balchand Hatta, P.S.- Siwan Muffasil, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2019 Heard both sides.

The petitioner apprehends his arrest in Barauli P.S. Case No.57 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant got secret inputs about transportation of huge quantity of liquor on a container and scorpio vehicle. On such information, both vehicles were intercepted. The drivers of both vehicles were apprehended. The driver of scorpio vehicle disclosed that the consignment of liquor was to be delivered to Gufran Ansari of village Bagha Saida, District - Gopalganj. It is further disclosed that from the house of Gufran Ansari, Umesh Kumar (petitioner) and others had to take liquor to different destinations.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40644 of 2019(2) dt.02-07-2019 2/3 petitioner has no manner of concern with the recovered liquor. The driver of scorpio vehicle, who was carrying liquor, disclosed that the consignment was to be delivered at the house of Gufran Ansari, but no search or seizure was made. Nothing has been recovered from possession of the petitioner. Save and except unverified disclosure made by the driver of the vehicle, the petitioner has been named in the case. It is further submitted that Ababul Haque and Ajeet Singh, who were arrested with the container and scorpio, have already been granted regular bail. The petitioner is not at all acquainted with the driver of the scorpio vehicle.

Having considered the facts that the name of the petitioner surfaced in the case in so-called disclosure made by the driver of the scorpio vehicle, who was carrying liquor, and nothing has been recovered from possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Additional Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection

Patna High Court CR. MISC. No.40644 of 2019(2) dt.02-07-2019 3/3 with Barauli P.S. Case No.57 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T