Arvind Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29085 of 2018 Arising Out of PS. Case No.-694 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Arvind Kumar Thakur, son of Kapil Dev Thakur, resident of village-Pandit Pakri @ Pakri Jalal, P.S. Kanti, District-Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Sunil Kumar, learned counsel for the petitioner and Sri Abhay Kumar Roy, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Muzaffarpur Town P.S. Case No.694 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 38(1), 41(2) and 47 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner, at the very outset, has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. He submits that the petitioner is owner of a Scorpio

Patna High Court Cr.Misc. No.29085 of 2018(3) dt.26-06-2018 2/3 vehicle, bearing Registration No.BR-06PA/2500, which was intercepted by the police, from which 166.740 liters of Indian Make Foreign liquor was shown to be recovered and driver of the vehicle along with one occupant was arrested. He further submits that the driver of the said vehicle, without consent/knowledge of the petitioner, was carrying the said liquor. Learned counsel for the petitioner reiterates that the petitioner was not having any knowledge that the driver of the vehicle was carrying the same and the petitioner being owner of the said vehicle has been made accused.

Considering the fact that the petitioner is having clean antecedent as well as the submission made by learned counsel for the petitioner that the driver without knowledge of the petitioner was carrying Indian Make Foreign liquor on the said vehicle and the petitioner being owner of the vehicle has been made accused, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Arvind Kumar Thakur 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 Special Judge, Excise Act, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No.694 of 2017, subject to conditions as laid down in Section

Patna High Court Cr.Misc. No.29085 of 2018(3) dt.26-06-2018 3/3 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T