Sonalal Yadav @ Sonalal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46322 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sonalal Yadav @ Sonalal Rai, Son of Late Dharam Rai, Resident of Village- Dhangaraha, P.S.- Dumariyaghat, District- East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party : Mr. Ram Bilash Roy Raman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 Heard both sides.
The petitioner apprehends his arrest in Dumariaghat P.S. Case No. 70 of 2016, registered for the offences punishable under Sections 272, 273 and 120B of the Indian Penal Code and under Section 47A of the Bihar Excise Amendment Act. The informant got information that somebody was coming on a Bolero jeep with wines. The police intercepted the Bolero but the driver and passengers of the Bolero managed to flee away. From the Bolero two bottles each containing 180 ml of Officers Choice and Imperial Blue whisky were recovered. Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle and the bottle was recovered from under the seat of the passengers and not from under the seat
Patna High Court Cr.Misc. No.46322 of 2016 (3) dt.22-12-2016 2/2 of the driver of the vehicle. Nothing has been recovered from the conscious possession of the petitioner.
Considering the facts aforesaid, the 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/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 the Additional Chief Judicial Magistrate, Motihari, East Champaran in Dumariaghat P.S. Case No. 70 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T